July 24, 2007 Minutes

These minutes were posted by the Selectmen.

TOWN OF PITTSFIELD
BOARD OF SELECTMAN
TOWN HALL, 85 MAIN STREET
PITTSFIELD, NH 03263
_____________________________________________________________
MEETING MINUTES OF July 24, 2007
CALL TO ORDER
.
Call to order at 6:00 P.M., by Arthur Morse, Chairman.
MEMBERS PRESENT
Arthur Morse (AM), Chairman, Larry Konopka (LK), Vice-Chairman, Linda
Small (LS), Ed Vien (EV), John Lenaerts (JL), Leon Kennison (LKe), Town
Administrator, and Delores Fritz, Recording Secretary.
MEMBERS ABSENT
None.
PUBLIC INPUT
None.
AGENDA REVIEW
(LK) Dam and Non-Public Session (a) and (c); (LS) MRI and (LKe)
Pennachuck, and Town Hall Roof.
APPOINTMENT
6:15 P.M. – Glenn Amnott, Ethics Committee Chairman
Mr. Amnott related on the Ethics Committee finding on Case No. 07-002,
Dan Schroth ethics complaint against John Lenaerts. Mr. Amnott related
that the complaint was dismissed in the prehearing stage. Essentially,
complaint related to Mr. Lenaerts participation in the discussion of the
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appointment of Robert Elliott to the Zoning Board of Adjustment and that he
should have recused himself. Mr. Amnott noted that the Committee realized
that there was a long-standing public disagreement between John Lenaerts
and Robert Elliott with a resultant lawsuit in the past. The Committee noted
that both parties have participated in public discussions. This does not mean
as a town employee that one has to recuse oneself from any other public
sessions. It would not make sense for Mr. Lenaerts to recuse himself as this
act could result in residents “stacking” boards in their favor in the future.
This case was dismissed. Public debate is the by-product of public
disagreement.
It was noted that this information is available on the Town Website and
paper copies of this findings and other findings by the Ethics Committee is
available.
NEW BUSINESS
ACTION ITEMS
1. In-law Apartment Permit
(EV) noted that (PS) was to check with Local Government Center and that
this should be continued to next week.
2. Custodian at Police Department and Town Hall
(LKe) noted that there was a memo from (PS) that custodian Paul Gregoire
would start on August 12th doing maintenance at Town Hall. It was noted
that Nancy Bates was advised of this and shared her disappointment in this
regard.
(LS) Motion to hire Paul Gregoire to do custodial services at Town Hall.
(EV) Second. Carried 4-0.
3. Inventory of Taxable Property
(LKe) noted that he had received a note from Cara that they would not be
using PA-28 form in 2008.
(EV) Motion to send notice that PA-28 form would not be used in 2008.
(LS) Second. Carried 4-0.
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4. MRI
(LS) noted that she would like to run by the Board the idea that Don Jutton
of MRI Services perform an exit interview for the BOS. (AM) noted that
Don Jutton and Paul Skowron both have some written notes. (LS) noted that
rather than just have a bunch of notes, her suggestion would be for them to
come in and discuss with BOS any recommendations they may have in an
exit interview. She noted that the Town of Pittsfield has spent a great deal
of money and time with MRI and she would like to hear any
recommendations they may have for the future. (AM) suggested that Don
Jutton and Paul Skowron submit their notes in a formal form prior to their
appearances at an exit interview so that Board would have time to review
them. (LKe) to take care of this. (AM) also suggested that this be done at a
time other than during a BOS meeting so that the matter could thoroughly be
assessed. (LS) agreed noting that it would be a non-public session any way.
(AM) noted that this would be a good practice to follow for anyone leaving
the employ of the Town of Pittsfield to include their feelings about the Town
and reasons for leaving. (LS) noted that this would be a good idea.
INFORMATION ITEMS
1. Shingle Mill Brook Road – Update from Chief Wharem
(LKe) noted that the Chief was in earlier to advise him that he had contacted
Fred Welch who remembers this matter well. Mr. Welch felt that the
information is in past Planning Board records bound in some voluminous
way stored in the “archives.”
2. Loitering Ordinance (Update 7/10/07)
(LS) After looking at the information, are there any thoughts on this subject?
(EV) noted that he felt that it would work on a public way, but would not
work for someone standing in a doorway and then after Police leave, returns.
He agreed that individuals do not have the right to block entrances to public
businesses, but it would be difficult if residences exist in the area also and
they have the right to be in residential doorways and stoops and can easily
return. (LS) noted that BOS would have to be careful how the ordinance is
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worded. She asked Board for any suggestions they might have on this
matter noting that intimidating groups of people standing in front of
businesses can block a patron’s way. She noted that she did not like to hear
that there is “nothing we can do.” (EV) noted “If you create a nuisance and
it is necessary for Police to respond more than once,” could be part of the
wording. He noted that the Police Department agreed that they would have
to have something that they could use. (AM) noted that he thought we have
enough laws on the books so that the Police Department can do something
about this. He noted that it is not just an enforcement issue but a way to
solve the situation is needed. He noted that he was aware there is a problem,
not just at night but also during the day. (LS) If an Ordinance is not the
solution, then we need to find a way to address it and find some way
something can be done. (AM) noted that a Noise Ordinance was passed
several years ago, but yet is that always enforced? He noted that Chief
Wharem should address this first and that passing a loitering ordinance
would not be the way to do it right now. (LK) noted that Chief Wharem
should be given a chance to address this.
(AM) noted that whenever Department Heads come in requesting more
manpower hours, we support it. However, Police Department has never
come before us requesting this. (LS) noted if it cannot be enforced, then we
should not have it. (LK) suggested (Lke) and (LS) talk to LGC. (LS) noted
that since (Lke) is now aware of the issue, perhaps he could follow up with
LGC. (Lke) noted that we should direct our campaign at other things
regarding this matter.
3. Letter from Sharon Wasson
(AM) noted that we should have a formal agreement or contract, something
in writing. (LKe) noted that she would be coming in soon to update him on
this.
4. Letter – Merrimack Valley Water District
(LS) noted that (JL) is the Town representative for this. (JL) requested a
brief outline on this matter. It was noted that the committee was formed to
deal with regional district water issues. PUC and Court agreed that an issue
exists because Pittsfield is not adjacent to any of these towns. It was noted
that BOS would await outcome of hearings with PUC regarding Pennachuck
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and Nashua, which is to be heard on the day after Labor Day. After that
time, BOS can decide what we are going to do. (JL) to look into it.
5. Letter from Cross Country Appraisal Group
(LS) noted that the reval would be done on a 1/3, 1/3, 1/3 basis. Values will
stay at 100% and adjustments will be made on 1/3 sampling. (AM) stated
that it would make more sense to do 1/3, 1/3, 1/3. He questioned whether it
was premature to talk about who to use and how they are going to do it.
(LS) noted that the sooner this decision is made the better. (LKe) to get
input from staff regarding Cross Country, Avitar and Vision.
6. Dam
(LK) noted that it has been brought to his attention that kids are down on the
lower part, below dam, swimming. He felt that signs should be posted “No
Trespassing.” This is State property so the State should probably put up the
signs. (LKe) to notify State.
7. Pennachuck
This was addressed earlier.
8. Town Hall Roof
(LKe) noted that Mike had suggested since people will be taking pictures
during the Balloon Rally, that the contractor not start on the Town Hall roof
till after that time. BOS was agreeable provided contractor did not mind
delay, it would not set the replacement of roof back too far and as long as
contractor would be able to complete this project this season.
OLD BUSINESS
1. Parks and Recreation Pavilion Damage
(AM) requested that something be done with the bottom of the posts at the
pavilion. The posts are rotting and something needs to be done to protect
them. Individuals are chipping away at them and some protection around
the base is needed. (LK) suggested having Jesse Pacheco could go up and
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re-enforce them. (AM) suggested that the posts need some protection
around them first and then information acquired regarding a permanent fix.
2. Sex Offender’s Ordinance, Review/Update – Map 1500 & 2500 Ft.
Waiting on this. Town Attorney reviewing.
3. Fuel Bids Update
(EV) noted that Paul was to talk with School Board and Cara working on
obtaining fuel bids.
4. Town Hall Sign
Nothing new on this.
5. Pittsfield Players Tax Exemption – Table 4/17/07
Nothing new on this.
6. Zoning Board of Adjustment, Alternate Position
(AM) noted that the ad is in the paper and on the Website. This will be on
the Agenda for August 7th.
APPLICATIONS AND WARRANTS
1. Application for Elderly Exemption Renewal
(LS) Motion to approve elderly exemption on Tax Lot 34, Lot 38.
(EV) Second. Carried 4-0.
2. Parade Permit
(LKe) noted that the State DOT rejected the Town’s original request to
partially close off Route 107 for Balloon Rally parade due to a rejection by a
business located on the parade route. However, the business has been
contacted and a modified Parade Permit has been submitted and accepted.
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(AM) questioned who originally requested the Parade Permit? He noted that
in the future, the groundwork should be done in advance to avoid these types
of situations.
CHECKS AND MANIFESTS
(LS) Motion to accept Accounts Payable. (EV) Second. Carried 4-0.
(LS) Motion to accept Payroll. (EV) Second. Carried 4-0.
(LK) noted that the hours for Peggy Gingras for recording Minutes at the
BOS meeting were not included in payroll.
MINUTES
(LS) Motion to approve Minutes of July 17, 2007. (JL) Second.
Carried 4-0.
Several small corrections were noted.
(AM) noted that now that we have a new Town Administrator, each Friday
he would like to meet with him in the morning to form the Agenda for the
next BOS meeting. He would like to finalize the Agenda at this time so that
any pertinent information can be distributed to Board members prior to the
Tuesday meeting to allow for review.
PUBLIC INPUT
Maurice Wells questioned whether anyone had found out if the subdivision
was registered for Shingle Mill Road. (AM) explained that currently we are
working on trying to find out more about this road and who owns it. The
Town is not necessarily accepting this road but rather it is on the Agenda for
informational purposes only. We are not yet in the process of taking this on
as a Town road nor will be necessarily be doing this in the future. Mr. Wells
noted that the developer never really came back once the houses were built
and sold.
Mr. Wells also noted that in the Minutes of June 26, 2007, there were some
statements noted which “I hope I said differently. I don’t think I said that it
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was ten feet from Ralph’s property line to the center of the road but rather
ten feet from the edge of the road to the property line.”
(JL) noted that he has been responsible for the hanging flower baskets in
Town for the past eleven years. Establishing the baskets is not usually an
issue but rather there is no one to assist in watering. He noted that right now
there is only one other couple and myself who does the watering. If I cannot
get any help in this endeavor, I will probably have to end it. Several
suggestions were offered to acquire volunteers such as a letter to the
newspaper, or individuals “adopting an area for caring and watering” which
would not be feasible because a special rig is required. It was noted that the
flower baskets are attractive and appreciated.
(LK) suggested a thank you letter be sent to Peggy Gingras for her assistance
in taking BOS Minutes last week.
NON-PUBLIC SESSION
(LK) Motion to go into Non-Public Session per RSA 91A:3,II (a) and (c).
(LS) Second. Carried 4-0. Board was polled individually and all agreed.
ADJOURNMENT
Public session was adjourned at 7:10 P.M.
APPROVED: July 31, 2007
____________________________ _________________________
Arthur Morse, Chairman Date
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