July 12, 2010 Minutes

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

MEETING MINUTES OF TUESDAY, JULY 20, 2010

CALL TO ORDER

Call to order at 5:30 P.M., by Denise Morin, Chairman.

MEMBERS PRESENT

Denise Morin (DM), Chairman, Ed Vien (EV), Vice-Chairman, Fred Hast (FH), Eric Nilsson, (EN), Arrival at 5:40 P.M., Don Chase, (DC), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

None.

AGENDA REVIEW

(DC) My residence; (FH) three Info Items; (DM) BOS representative to the Budget Committee; (PS) Timber Salvage and Sales Agreement, Request by Barry Podmore for installation of Fire Hydrant, Request by Town Attorney for BOS response Re: Pennichuck Rate Increase.

APPOINTMENTS

5:30 P.M. Fire Department Command Car Viewing (5:35 P.M.)

Board members viewed Concord Fire Department Command Car with Chief Dick Wright, Capital Aid. This vehicle is a GMC 2001 vehicle with 109,000 miles which can be purchased by the Town for $11,000.

Board returned to meeting at 6:00 P.M.

6:05 P.M. Police Chief Robert Wharem Re: ICS 100 Class

Chief Wharem related that in order for Town to receive grant, all departments must be ICS trained. Chief Wharem and Chief Johnson have scheduled August 18 and 19, 8:00 A.M. to 4:00 P.M., PMHS Lecture Hall for this purpose. The Highway and WWTP will need to participate. All departments need to be compliant by the end of the year. Therefore, both departments will be at this training session.

Dan Schroth questioned the Emergency Plan timeline for grants and Chief Wharem noted that this will all be updated.

NEW BUSINESS
ACTION ITEMS

14. Timber Salvage and Sales Agreement (Recommended by Conservation Commission)

Nancy Christie and Greg Jordan were present. It was noted that an extensive survey had been done of the wildlife habitat and forest management.

Mr. Jordan: This plan will clean up the forest relating to the damage done by tornado, salvaging what is accessible. This is improvement cutting. (EV) The areas that are not accessible, what kind of fire danger are involved? Mr. Jordan: It is very small. The area is wet anyway and “fire would not go there.” It is also very rocky and steep ground (Rocky Ridge Point Road.) Ms. Christie: I am very familiar with this area. Charlie Moreno has overseen this project. Mr. Jordan: There will potentially be a $12,-15,000 value to the Town which is an estimate. (PS) Has the Intent to Cut been filed? It would need to reflect everything in the Agreement. (FH) What do you intend to do with the area? Ms. Christie: Possibly passive recreation with a winding trail. (FH) The Conservation Committee needs to submit a Warrant next year. Ms. Christie: Someone else would have to hold conservation easement. This is actually the largest tract within the Town.

(DC) Motion to approve the Timber Salvage and Sales Agreement. (FH) Second.

Discussion: (PS) Who will be the Seller – Conservation Commission or Board of Selectman? Board agreed it should be the Board of Selectman and authorize Chairman to sign and Intent to Cut be processed at same time.

(DC) So stipulate as part of my Motion. (FH) Second. Carried 5-0.

1. Order for Correction of Hazardous Excavation Re: 55 Depot Street

(PS) This order has been composed and the only change is the date in the contents which should be August 13, 2010.

(FH) Motion to approve Order for Correction of Hazardous Excavation
Re: 55 Depot Street. (DC) Second.

Discussion: (DC) This means this will move forward expeditiously? (PS) By date as noted in order August 13th. (DC) noted that this should be a clean order and if conditions are not met, the Town will go in and correct problem. We are not going to Court on this yet. (PS) Yes, the Town Attorney has recommended filing a summary judgment, which I have discussed with her. (DC) If owner fails to comply, the Town can do it. (DM) Alternatively, the Town may do that but does not have to.

Vote: 3-1 (EV). (DC) Abstains.

2. Approval of Expenditures for Storm Window Installation/Library

(PS) There was a question on the last Agenda regarding information from the Library regarding storm window installation at the Library. I have discussed this with Sylvia Wallace and she has informed me that the amount of $15,172 is correct.

(EV) Motion to approve expenditure for storm window installation at Library in the amount of $15,172. (FH) Second. Carried 5-0.

3. Request for Sewer Bill Reduction

(FH) Motion to table sewer bill reduction for Tax Map R33, Lot 12.
(DM) Second. Carried 5-0.

(PS) to research to determine what reimbursement should be.

4. Request for Building Permit Fee Reimbursement

(PS) This is a request for Building Permit fee reimbursement in the amount of $2,645.

Mr. Peter Osborne was present and read to Board RSA 165:25. He noted that they have never stopped working on this building since the initial Building Permit was acquired. He noted that they continue to work on the building and are hoping to be in by winter of 2010. He noted that a fee of $2,645 had additionally been charged since it has taken over a year.

Larry Konopka was seated in the audience and was requested by Board to comment on this. He noted that he had never heard of charging an additional fee if project takes more than a year as long as the process is continual.

(DC) Motion to reimburse Peter Osborne the amount of $2,645. (EV) Second. Carried 4-0. (EN) abstain.

5. Board of Selectmen Representative to the Planning Board

(DC) I have currently accepted employment out of Town and have Tuesdays off but no other days. I am asking that BOS appoint someone else as Planning Board Representative. (EN) As Alternate to PB, I cannot say “yes” right now.

(DM) We also need a Budget Committee Representative. This is a five member board and everyone needs to take on responsibility. We each ran for office and took an oath and we need to assume a responsibility. I am not telling you what to do, but as Board of Selectman member it is necessary to have a representative on the Planning Board.

(DC) The night of the Planning Board meeting I knew that I would not be able to attend and called all members of this Board but the only one who was available was Fred. I am the one who called him to ask him if he would attend, before slam him and reprimand him for attending. (DM) Legal representatives are legal representatives and he was not. (EV) I do not feel that Denise is slamming anyone. (DM) This is not good that we do not have a BOS representative on the Planning Board or on the Budget Committee.

At this point in the meeting, Don Chase decided that he would leave the meeting.

6:45 P.M. Don Chase left meeting – unexcused absence.

6. Regional Committee Re: Pittsfield Aqueduct Company

(EV) Motion that Town send letter resigning from regional committee Pittsfield Aqueduct Company. (EN) Second. After Discussion: Carried 3-1 (FH).

Discussion: (FH) There are benefits we would get if we remain a member. (EV) Nashua has taken control of the whole system. Tell me one thing that would be gained being part of the committee? (FH) Probably nothing yet, but there are legal experienced experts involved. We can go it alone, but it is going to cost us. (EV) The regional district was to protect our rights if Nashua had taken whole control of Pennichuck. (FH) Mr. Sansoucy was supposed to sit down with us and discuss it giving us some figures.

7. Selectmen Representative to the Committee Re: Nellie Mae Education Foundation Grant.

(PS) John Freeman has submitted a letter regarding progress of the restructured curriculum. This Board has looked on favorably in their applying for the grant and they would like to have a BOS member serve on that committee. (EV) I have sat in on a couple of these meetings and if agreeable with this Board, I would like to serve as joint representative from the EDC and this Board.

(DM) Motion to appoint Ed Vien as representative for both EDC and the Board of Selectmen to the Committee regarding Nellie Mae Education Foundation Grant. (EN) Second. Carried 3-0. (EV) Abstain.

8. Hazard Mitigation Plan Update – CNHRPC

(PS) We have received a letter from CNHRPC describing the Hazard Mitigation Plan work that has been done.

Chief Wharem: The plan was done in 2005/6 and is to be updated in 2012. We are beginning the process in September and we will be meeting with them to plan better responses and other specifics to the Federal Fund Grant which will be applied for. The last time the Town Administrator was the representative as the meetings are during the day, usually a total of eight meetings for one hour.

(EV) Motion to approve Match Agreement and Partnership Memorandum of Understanding between the Town of Pittsfield and the CNHRPC for the 2011 Pittsfield Hazard Mitigation Plan Update with an in-kind match of $1,670 and have Paul Skowron act as liaison. (EN) Second. Carried 4-0.

9. CNHRPC Request to Meet re: Adoption of SRTS Report

(PS) CNHRPC, Nick Coates, (EV) and I have met and they would like to see BOS adopt Safe Routes to School Report and would like to come in to discuss with Board. (PS) to schedule.

15. Request by Barry Podmore, Inc. for the Installation of a Fire Hydrant

(PS) A letter has been received from John Greenlaw who is working with Barry Podmore, asking Town to install a fire hydrant. Pennichuck would have to install the fire hydrant and we can investigate the costs which probably would be assumed by the property owner. (FH) That would not be fair to Barry Podmore. We need a fire hydrant there. (DM) Let’s find out how much it will cost? (PS) to do.

16. Request by Town Attorney for Board of Selectman Response Re: Pennichuck Rate Increase.

(PS) Laura Spector is looking for some guidance as to the Board’s desire for retention of an expert and has submitted a list of dates of procedural schedule. Board may not want to hire an expert but maybe pursue a Warrant Article to acquire Pennichuck. (EV) It is time to start controlling our own destiny. Board agreed that they should be moving forward with this. (FH) We will be saving users’ money. Board noted that Town will have representation but no expert will be present.

(EN) Motion to not hire an expert for rate increase by Pennichuck. (EV) Second. Carried: 4-0.

NON-PUBLIC SESSION

(EV) Motion to go into Non-Public Session per 91-A:3 II (c). (EN) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 7:20 P.M.

Board returned to Public Session at 7:30 P.M.

(EV) Motion to seal Non-Public Session Minutes of July 20, 2010. (EN) Second. Carried 4-0.

(EN) Motion to respond to citizen complaint and have Chief Wharem follow-up. (EV) Second. Carried 4-0.

17. Budget Committee Representative

(DM) The Budget Committee will be meeting tomorrow at 7:00 P.M. here at the Town Hall. Town Administrator will be present. (FH) I will be there. (DM) Will you be BOS representative to Budget Committee: (FH) I guess, Yes.

(DM) Motion to approve Fred Hast as Board of Selectmen Representative to Budget Committee. (EN) Second. Carried 3-0. (FH) Abstain.

INFORMATION ITEMS

1. Residency – Board of Selectman

(DM) I have checked the Statutes and Board of Selectman member must be a resident of the Town.

2. Scott Spradling Group Update

(FH) Would like an update from him. (EV) There is one more phase to be completed.

OLD BUSINESS

1. Capital Improvement Program Pending
2. Selectman/Town Administrator Goals & Objectives Pending
3. Appointments to Welfare Fair Hearing Board

(PS) Don Chase has suggested posting this at Senior Citizen Housing. (PS) to do.

4. Building Inspector Vacancy

(PS) Deadline date is July 16th and we will be setting up interviews (Non-Public).

5. Other

(EN) I have been checking E-Mails to Kyle trying to keep up on what is going on. (PS) Kyle will be in Monday and maybe on Friday.

APPLICATIONS AND WARRANTS

1. Intent to Cut, Tax Map R17, Lot 2

(FH) Motion to approve Intent to Cut, Tax Map R17, Lot 2. (EN) Second. Carried 4-0.

CHECKS AND MANIFESTS

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

Discussion: (FH) The check for $375 to CNHRPC is that for Podmore. (PS) Per the Town agreement CNHRPC reviews submittals to the Planning Board.

(FH) The check to Devine Millimet for bond counsel in the amount of $900. Is that the final payment? (PS) Yes.

(FH) Also the check to Metrocast for $10. (PS) explained it is for the extra E-Mails (2) for Welfare as there are only so many that are awarded free. This should be charged to Welfare.

(DM) Motion to approve Payroll and Direct Deposit. (EN) Second. Carried 4-0.

OTHER

1. Report Plodzik and Sanderson – Auditors

(EV) The report from Plodzik and Sanderson, Auditors. It notes within the text of the letter that there “were no significant difficulties.” What does that mean?
(PS) I believe that this is standard language, but I will check to make sure.

MINUTES

1. Public Session Minutes of July 6, 2010.

(EV) Motion to approve Public Session Minutes of July 6, 2010. (EN) Second. Carried 4-0.

2. Non-Public Session Minutes of July 6, 2010

(FH) Motion to approve Non-Public Session Minutes of July 6, 2010.
(EN) Second. Carried 4-0.

PUBLIC INPUT

Dan Schroth: What Fred is saying is important. Town is buying water from bandits. They are charging $1,000 or more for our own water. Pass it on. Water is one of the four essentials needed to live. I do not trust Pennichuck. We should have Fred spearhead this.

Also regarding the Planning Board, if Eric has the time to devote to it, it is fine but representative can be someone other than Board member. We should ask Larry Konopka to be on the Board. We need the help. We are spending $17,500 for this. Eric does not have the experience yet Larry does. Having Fred on the Budget Committee is good.

The Command Truck you were looking at, I do not care if you buy it, but it should be out of the Fire Department budget. I cannot believe that someone making that kind of money can’t keep their car running.

Board should try not to spend the $50,000 we had for fire hydrants and save it for purchasing the water.

I apologize; I did not mean to burst out during your meeting.

Ted Mitchell advised Board regarding the Ping Restaurant sign and that hopefully the Village Pizza sign can be on the Gary Volpe building.

Regarding Fred Okrent, HSA, I see that as a conflict of interest regarding incentives paid for inspections. It should be a salary based position on what he makes now. It just doesn’t look right to people.

(FH) The money goes to the General Fund.

Ted Mitchell: The public has a lack of understanding regarding this.

OTHER – CONTINUED

2. National Night Out

Chief Wharem: National Night Out – We would like to use Dustin Park for this purpose – August 3rd, 6:00 – 8:00 P.M.

(EV) Motion to approve Police Department using Dustin Park for National Night Out on August 3, 2010 from 6:00 to 8:00 P.M. (EN) Second. Carried 4-0.

Break 7:55 P.M. Resume 8:00 P.M.

3. Police Department – Conditional Appointment

Chief Wharem: I would like permission for three conditional appointments to look into backgrounds. I do not have their names with me tonight, but this will help speed the process.

(EV) Motion to approve three conditional appointments background checks for three Police Department part-time officers. (EN) Second. Carried 4-0.

4. Walking Patrol

(DM) What about the walking patrol? Chief Wharem explained that they are being accomplished when “we can.” (EV) I do not see the sheriffs any more. Chief Wharem: Not as often as you want. (EV) I see officers doing speed control. (FH) The sign that records speeds, have you ever thought about putting in on Route 28? Chief Wharem: We could consider that.

NON-PUBLIC SESSION

(EV) Motion to go into Non-Public Session per 91-A:3 II (a) and (b). (EN) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 8:10 P.M.

Board returned to Public Session at 9:10 P.M.

(EN) Motion to seal Non-Public Minutes of July 20, 2010. (EV) Second. Carried 3-1 (FH).

ADJOURNMENT

(EV) Motion to adjourn. (EN) Second. Carried 4-0.

Meeting adjourned at 9:15 P.M.

Approved: August 3, 2010

______________________________ ___________________
Denise Morin, Chairman Date

I hereby certify that these Minutes were recorded by me on July 20, 2010, transcribed and publicly posted on
July 28, 2010.

________________________________________________
Delores A. Fritz, Recording Secretary

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