January 3, 2012 Minutes

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

MEETING MINUTES OF TUESDAY, JANUARY 3, 2012

CALL TO ORDER

Call to order at 6:00 P.M. by Ed Vien, Chairman.

MEMBERS PRESENT

Ed Vien (EV), Chairman, Denise Morin (DM), Vice-Chairman, Fred Hast (FH), Paul Rogers (PR), Gerard LeDuc (GL), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

Jim Theodore: I have a question to ask the Town Administrator. I read the Minutes and saw that Fred Hast voted on his wife’s encumbrance and vacation pay. Why did he not abstain? It sounds a little bit wrong there. Tell me what your thoughts are? (PS) Generally, one could abstain on any item where there may be some conflict of interest. In this instance, I have no answer but would defer that to Mr. Hast. Jim Theodore: It sounds like a violation to me. (PS) I can go back and look at the Minutes. The encumbrances were deliberated on and you can inquire of Mr. Hast as to his recollection at the meeting. Jim Theodore: I prefer not to ask him but rather ask the Attorney General. (FH) agreed that he would check the Minutes as would (PS).

Dan Schroth: There are a couple of things I would like to address. In the springtime, we are going to go up to Rocky Point to get rocks for the Washington Street lot and the ballpark. I am requesting someone with the appropriate large equipment for assistance.

Dan Schroth: The film “Here to Infinity” on the Internet is something everyone should watch. You will learn a lot.

Dan Schroth: I heard on the radio, “If you want change you must have a voice.” The Government is asking that we ask too much for permission to do things.

Also, regarding Jim Pritchard’s comment on my property as read in the last meeting Minutes, I have paperwork with me about my Tornado Wood business and that is my defense. After last time, the Town read it and has left me alone. Someone complained. I now have four businesses on my property: agricultural production, Internet, stone and tornado wood products and potentially will be starting another one – Shadytree Garage which consists of hydrogen burning business. Whatever I come up with, I am going to do. Be creative – you can be the storefront to the world.

Jim Pritchard: At the last meeting, Gerard expressed concerns regarding land that may be classified as “back land” and taxed at a lesser value. I have done extensive research and looked at every tax card with this kind of property. The Planning Board has discussed this.

Fred Hast: I do not believe that the encumbrances for the Town Clerk were discussed individually at the last meeting but rather as a whole. I just voted for it in general.

Eric Nilsson: Fred, you noted that you voted for this as a whole package. Ed, as Chairman, shouldn’t you have commented on this? (EV) No, each and every Board member has that responsibility themselves. Eric Nilsson: As the Chairman of the Board, you wouldn’t have recommended to him not to vote on it? As a Board, shouldn’t you work together instead of one person putting another “under the bus?” (EV) commented that it is up to the Board member to make that decision.

AGENDA REVIEW

(GL) Public Hearing for Acceptance of Vehicle; (FH) Building Permits; (PR) Parking Area at Town Hall, Barnstead Former Gas Station, Tilton Head Road Camper on Side of Road, Fire Department and Police Department Vvehicles, Ethics Committee; (PS) Transfer of $200 from the Town Clock Expendable Trust to the General Fund, Notification of Conditional Approval of Town’s Hazard Mitigation Plan, E-Mail – Welfare Director Re: Donation ($1,000) and Possible Use, Response to State DOL Re: Safety Violations; South Main Street Pumping Station Replacement Project, Letter to Elizabeth Hast; (EV) BOS Sponsorship – Suncook River Nomination.

NEW BUSINESS
ACTION ITEMS

1. Board of Selectmen to Discuss/Take Action on Service Contract for WWTF Generator

(PS) On the last Agenda, Ron Vien was scheduled to discuss the responsibilities and costs of this and he continues to work on this. I would suggest that this be tabled until the next Board meeting.

(GL) Motion to table this matter until the next Board meeting. (PR) Second. Carried 5-0.

2. Pole License Petition Request

(PS) George has reviewed and approved this request.

(DM) Motion to approve PSNH License 41-0351 for poles located on Elm Street, Pittsfield, NH. (GL) Second. Carried 5-0.

3. Letter of Resignation – ZBA/Jesse Pacheco

(PR) Motion to accept letter of resignation – Jesse Pacheco, Zoning Board of Adjustment. (DM) Second. Carried 4-0. (EV) Abstain.

(DM) I would like to thank Jesse for his time of service. (FH) After being on the Zoning Board, you are familiar with all the rules and regulations of building a house. Jesse Pacheco: I am finished building the house.

4. Conservation Commission Request to Demolish Building

(PS) This is something that Board was notified of previously. There is a building up on Rocky Point Road.

Mark Wallace: Behind a landing up on Rocky Point Road, where a house was started about 20-25 years ago though never completed. He explained the condition of the building and noted that it is a safety hazard. I would not like the Town to suffer should someone get hurt up there. We have put up a ‘No Trespassing’ sign so people will stay out. The building should be knocked down and then let nature take its course. (FH) That building is on Greer Lane. Mark Wallace: The cheapest way would be to knock it flat. No one is using the property and Mother Nature would turn it into compost. It would be costly to dispose of it. There are asphalt shingles on the structure. (FH) How long does asphalt stay in the ground? Maybe you could get a variance to burn it. Mark Wallace: I discussed this with Fred Okrent and he noted that it would be bad to burn it. Who would I talk to about this? (FH) suggested contacting DES. The Building Inspector and I have looked at the property. Mark Wallace: George has said he would oversee it if it is decided to flatten the building. (EV) noted they would wait to hear what Mark learns from DES.

5. Letter to Elizabeth Hast

(FH) recused himself from discussion and approval. (6:26 P.M.)

(PS) This letter has been prepared because of the discussion by the Board regarding the letter Ms. Hast wrote to Board. I asked Delores Fritz to review the Non-Public Minutes, which she did and as you will note there was no reference to this matter. This response is here for your correction and/or approval.

(PR) Motion to approve letter to Elizabeth Hast dated January 3, 2012.
(GL) Second. Carried 4-0.

(EV) signed letter and it will be forward to Ms. Hast.

(FH) was seated on Board. (6:31 P.M.)

6. American Recovery/Reinvestment Act Loan Agreement

(PS) We have received a copy of the Loan Agreement (Project No. CS-333124-04) to access monies for the South Main Street Pumping Station Replacement Project. (FH) What is the payback on this? (PS) We will be borrowing $288,000 and Federal Government will be paying $144,000, the rest of which will be paid out of the sewer fund.

(DM) Motion to approve the Loan Agreement (Project No. CS-3333124-04) and authorize Chairman and Town Administrator to sign document. (PR) Second. Carried 5-0.

7. Suncook River Nomination

(EV) A while back, we were asked to join the NH Rivers Management and Protection Program (Suncook River) and Ted Mitchell and I were appointed as representatives but Board did not formally vote on sponsorship.

Ted Mitchell: As I was going through the form, it was noted that required information included: “Sponsoring Organization or Individual.” I believe that the Board of Selectmen should be the sponsoring organization. (EV) Are there any funds involved? Ted Mitchell: No. (EV) This is required in order to be eligible for any applicable grants.

(DM) The Board of Selectmen accepts sponsorship for the NH Rivers Management and Protection Program (Suncook River). (PR) Second.
Carried 5-0.

8. Transfer of $200 from Town Clock Expendable Trust to the General Fund

(PS) This is for maintenance on the Town Clock.

(DM) Motion to approve transfer of $200 from Town Clock Expendable Trust to the General Fund. (PR) Second. Carried 5-0.

9. Notification of Conditional Approval of the Town’s Hazardous Mitigation Plan

(PS) This is for approval for scheduling a Public Hearing for Hazardous Mitigation Plan. This plan has been in the development for a number of years. The Board has approved it and it has been submitted to FEMA. (GL) I would request that the Police Chief and the Fire Chief be present at this Public Hearing to explain any questions posed. This will allow us to apply for Federal grants if necessary. Board agreed to schedule Public Hearing.

10. E-Mail from Welfare Director Re: Donation $1,000

(PS) It is necessary to schedule a Public Hearing to accept donation. Welfare Director is requesting funds be for specific Christmas items.

(PR) I am grateful for the donation but I believe that the funds should be put in the General Fund. This would be the best way to do it. The Fire Department does a wonderful job at Christmastime, why expand on what they do? (FH) They always come up short. (PR) This should not be any one’s cookie jar. (EV) I agree with Paul. I would rather be able to supply heat and food. (DM) noted that the suggestion for a Christmas Gift Fund was too vague to make a decision on. Board discussed how the Christmas food baskets were distributed and verification as to residency. Board agreed to set a hearing date and have Diane available for discussion.

11. Response to State Department of Labor Re: Safety Violations

(PS) Board has received a copy of report from DOL and enclosed is the letter that was sent back as to how Town is addressing safety violations.

12. Police Department – Chevy Tahoe

(GL) offered some information from Consumer Reports on vehicle. The purchase price is high to replace vehicle. Board agreed they would address at the upcoming Public Hearing.

13. Building Permits

(FH) A while back appraisers came in low on property renovations, I questioned it. Individual would not allow them to gain entrance to the property. The building has been completely renovated – plumbing, electrical and building. Jim Theodore noted he would not allow them or (FH) to gain entrance to this property. (At this juncture, Mr. Theodore displayed an inappropriate gesture toward Mr. Hast.) (EV) Please address the Board. (GL) Point of Order: I would ask that Mr. Theodore be removed because of this gesture which can be considered as a threat. Jim
Theodore: You are not getting into my house. (EV) What do we do with Gerard’s request? (DM) Everyone knows that Mr. Hast has a vendetta against me. “Don’t talk under your breath at me.” I talked to the appraisers. You are just not happy with it. I did not renovate my home completely. (EV) We need to deal with Point of Order first. I did not see Mr. Theodore’s gesture. Jim Theodore: It was not a threat. (EV) It could be perceived as a threat. Several members of the audience related that they had seen the action by Mr. Theodore. Jim Theodore: It was not threatening; it was just a gesture. He continued to explain the condition of his house. (EV) requested (PR’s) thoughts on this and he related that he would be abstaining. (EV) Board requests that you apologize for the gesture and if not, you will be asked to leave the meeting. Jim Theodore: “I take back the finger.”
(FH) I request that the State Building Inspector inspect house.

(DM) left meeting at 6:55 P.M. with no comment.

(FH) No assessor was allowed in the house. There is a violation of permits for plumbing, electrical and building. You can check it out. An independent appraiser should be allowed to go in. I let the appraisers in my home. We need to get this all settled. (PR) How many other houses did the appraisers not have access to? (FH) They were not rejected many times. (EV) Is this not the same issue we talked about three or four months ago? Did we not talk to appraisers as to how many homes they were able to inspect and how many they did not. Let the Building Inspector go in and evaluate it. Board felt that a specific individual should not be singled out for this but rather if you proceed this way for one then others should be included. (FH) This one was so blatantly out of proportion and there were no permits issued. I would ask for the State Building Inspector to go in to get the true value as they will not allow anyone else to go in. They should have had permits for the work they did. I checked with the Building Inspector and there were no permits requested and/or issued.

(FH) Motion to approve allowing Fred Hast to have administrative warrant issued to instruct Court to order State Building Inspector and independent assessor inspect home of Denise Morin. (GL) Second. Carried 2-1 (EV). (PR) Abstain.

14. Town Hall Parking Lot

(PR) There were cars left in the Town Hall parking lot all weekend overnight. There is a sign that states “by parking permit only.” We need to act upon this. The sign is accurately marked out there. When we start getting snow, then George is going to have to plow around them. Last weekend there were seven cars parked out here, five of which stayed overnight. We need to start ticketing or towing. Board agreed.

15. Barnstead Former Gas Station

(PR) I have gotten quite a few calls from individuals who live close to the former Barnstead gas station. There is a chain-link fence in the back and it is difficult to get back there. If the ambulance or fire truck had to get back there, they would have a problem. Is it a legal situation? It is not fair to other properties back there. (PS) to check on this. (GL) noted it is a real safety hazard.

16. Tilton Hill Road

(PR) The property that was taken by tax deed on Tilton Hill Road, the individual has moved the trailer/camper on a property further down the road belonging to a friend. This is not a manufactured home and there are concerns from the local residents. What can the BOS do about this? There is a stove running inside the camper. No permits have been pulled to allow this. Life safety codes should apply. (PS) to check on it.

17. Police Department and Fire Department Vehicles

(PR) There are many calls where the Police Department and Fire Department have that require they travel out of Town. Recently, the sergeant’s black Explorer was seen going out of Town and did not come back until 2:00 A.M. Why? The Fire Chief’s car is parked in his driveway. He’s been on vacation, why is it his primary vehicle all week. Why is the Town’s vehicle being used for all purposes? It is supposed to be for business purposes. If Police Department can’t do it, why can the Fire Department do it? (FH) If he gets a call in the early morning or late at night, he would need to have it available to use. He is Chief of the Fire Department and should be allowed. (PR) Didn’t the Board complain about the Police Chief taking his car home and this was stopped. What is good for one is good for all. (FH) The Fire Chief has to go right to the fire to direct the situation and it is common sense for him to have the car readily available.

18. Ethics Committee

(PR) There have been a lot of issues with the Chairman not posting the Minutes of the Ethics Committee. This has to be addressed. (PS) The BOS has no authority to remove anyone from the Ethics Committee as they are elected positions. Mr. Vaughan has noted that he would come down and post past Minutes. (EV) I talked to Merrill about this and he assured me it would be taken care of. (PR) He is six months behind. (GL) It is not just this committee but a lot of other committees as well. We need to talk to these Chairs and get these minutes posted. If not posted correctly we could be “slapped” with a lawsuit.

OLD BUSINESS

1. Selectmen Representative to Pittsfield Drug & Alcohol Coalition

(PR) I am still trying to adjust my schedule for this.

2. Status of Tilton Hill Road Property Cleanup

(PS) Public Works has been cleaning up 79 Tilton Hill Road property. There is at least 65 tons of trash that has been hauled to the BCEP. Mr. Weir is concerned because of the amount of tonnage. Town may have to pay tipping fee for the vast majority of this. They are continuing to work on the property until the snow sets in. Also there is the issue of asbestos materials at site. What does the Board want to do with it? It is not inexpensive to remove asbestos siding. What is the alternative? We should get some quotes as to what we are dealing with.

(EV) I did visit George up there. I want to say thank you to the Highway Department. They are doing a great job.

(FH) To remove the asbestos siding is costly as is the disposal. Probably the cheapest way would be for the Highway Department to take off the siding and bag it making sure it does not flake off. To hire someone will be quite costly. (EV) Do they need special training? (FH) No. (PS) This should be researched. (FH) If I may Mr. Chairman, address Jesse Pacheco in the audience. (Agreed) Jesse, have you ever done that? Jesse Pacheco: Yes, but you have to be suited for it, licensed and it requires special dumpsters, but I would check into it. It was noted that it has to be wet for removal. Jesse Pacheco: You would also then have to contain the water. You do not want it airborne.

APPLICATIONS and WARRANTS

None.

CHECKS AND MANIFESTS

(PR) Motion to approve Payroll and Direct Deposit. (GL) Second. Carried 4-0.

(PR) Motion to approve Accounts Payable and Checks Manifest. (GL) Second. After Discussion: Carried 4-0.

(GL) Is the bill in there for repair of the police vehicle? (PS) This is a different one than noted by Chief last meeting. The one at Grappone has a valve problem and will cost $1,600. Grappone noted that it would be worthwhile to repair. This was related to me by the Chief today.

MINUTES

1. Public Session Minutes of December 20, 2011

(PR) Motion to approve Public Session Minutes of December 20, 2011 with correction. (GL) Second. Carried 4-0.

Correction:

Page No. 7: 4. Depot Street, next to last line should read – (PS) will ask Mr. Aubertin to attend the next Board meeting.

Discussion: (FH) It was an oversight by me when I voted for the whole package on encumbrances. I could withdraw my vote, but it would still pass. (EV) That will not be necessary. (GL) It is not a major problem. It was a package vote and not individually discussed.

2. Non-Public Session Minutes of December 20, 2011

(PR) Motion to approve Non-Public Session Minutes of December 20, 2011. (GL) Second. Carried 4-0.

PUBLIC INPUT

Jesse Pacheco: Thank you, Dee you do a wonderful job with the Minutes.

Regarding the contract for the Pump Station, wasn’t that voted on at the Town Meeting and wasn’t it for $250,000 grant? (PS) The cost will be borne by the sewer users and is for $288,000, half of which is the grant monies.

Jesse Pacheco: The Chief’s vehicle is a command car. The faster the chief is there to evaluate the fire and direct individuals, the better. (PR) I brought this up because I am looking to know the reason why. Jesse Pacheco: It is a command post and is used for that purpose. It would be a loss of time if he was not using the vehicle around Town. I think it is appropriate. (PR) I need to be able to answer the questions posed to me.

Linda Small: Regarding the vacation hours for Elizabeth Hast, could you read the letter we are sending her? (PR) read into the Minutes the letter. (See attached.)
Linda Small: I know that this was a topic of discussion at several Board meetings in around July 2008. All employees who had too much vacation time were advised and also time that was taken and not being deducted. I am not sure whether it was in Public or Non-Public Sessions.

Larry Konopka: Having Diane come in to explain the Christmas idea, we would have to pay her. Either Chairman or Town Administrator could have Diane write up what she is suggesting; just call her and ask her some questions.

The cruiser that is down, is that the canine cruiser? (PS) Yes. Larry Konopka: I thought there was going to be no cost to the taxpayer as far as gas and maintenance for that vehicle. It is only six months since the canine has been trained. There is going to be a public hearing on the Chevy Tahoe? (PS) Yes.

Dan Schroth: In my work life, my work is evaluated. I think the Board should ask the Fire Chief the details about how many fires there are, and how many have been put out in the last five years. The same thing for the Police Chief: How many burglaries and how many have been solved in the last five years? A lot of that stuff is not put in the paper and if it was in the paper, we would be able to figure it out. We are spending too much for the services we are getting.

Eric Nilsson: Out of curiosity, why did Ms. Morin get up and walk out. That is no way to represent the Town. (EV) Sometimes, it alleviates the stress and confrontation.

Jesse Pacheco: I saw what Mr. Theodore did and it is rude what he did. It is not proper. (EV) It has been going on for quite a few months.

Eric Nilsson: I have been coming to a few of the Board meetings and Ms. Morin is not here. (EV) She did tell us she would not be here for the last meeting and Paul and I remembered after the meeting.

Eric Nilsson: I do not know if it is true, it may be hearsay, but does she just do the Board and nothing else. Aren’t you all supposed to be represented on other committees? (PS) She does union negotiations. (EV) Yes and she just resigned from the Drug and Alcohol Coalition. When questioned as to how many committees he was on, it was noted that he is on approximately six or seven committees and noted that he just resigned from the ZBA because he was overwhelmed.

Larry Konopka: What about my Point of Order. (PR) Yes, he was going off on all four of them in the back row. Jesse Pacheco: I told him that is not the way to handle yourself. I do not know why he did this. (PR) The public should not take have to take any of his comments with a grain of salt. Larry Konopka: I would like something done about this. (EV) We will look into it. (GL) This cannot keep happening with this individual.

Close Public Input (7:50 P.M.)

Recess – Board returned to Public Session at 8:00 P.M.

NON-PUBLIC SESSION

(PR) Motion to go into Non-Public Session per RSA 91-A:3 II (a) and (e) – Personnel and Union Negotiations. (GL) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 8:03 P.M.

Board returned to Public Session at 8:21 P.M.

(GL) Motion to seal Non-Public Session Minutes of January 3, 2012.
(PR) Second. Carried 4-0.

OTHER

1. Assessment

(FH) I want to make it clear that I am not picking on Denise. She is a Town officer and what she has done is not right. (PR) Yes, but when you go after one you should go after them all. (FH) Bring in an assessor and let him check. (EV) There are only a handful of assessors out there. I gave the numbers to the Board as to how many houses were not allowed entrance. A lot of houses were not done. (PR) We could potentially have a lawsuit on our hands for harassment. You can’t go after one individual and not go after the whole group.

2. FMLA Leave

(PR) Motion to approve FMLA leave for Paul Skowron for January 4, 5, and 6, 2012 and possible intermittent leave days. (GL) Second. Carried 4-0/.

3. Assessment Contract

(FH) When is the contract up for Cross Country? (PS) There contract is up on March 31, 2012 and it will go out to bid again for statistical update and general assessment. Board briefly discussed the various assessment companies.
ADJOURNMENT

(PR) Motion to adjourn. (GL) Second. Carried 4-0.

Meeting adjourned at 8:29 P.M.

Approved: January 17, 2012

____________________________ ______________________
Edward Vien, Chairman Date

I hereby certify that these Minutes were recorded by me on January 3, 2012, transcribed and publicly posted on January 5, 2012.

_______________________________________
Delores A. Fritz, Recording Secretary

II Tapes
Two Attachments