June 3, 2008 Minutes

TOWN OF PITTSFIELD

BOARD OF SELECTMAN

TOWN HALL, 85 MAIN STREET

PITTSFIELD, NH 03263

_____________________________________________________________

MEETING MINUTES OF JUNE 3, 2008
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), John Lenaerts (JL), Denise Morin (DM), Leon Kenison (LKe), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

Tom Addison related, “He has lived in Pittsfield for quite some time. This is probably not the most appropriate place to bring up the matter of the proposed increases in the water bill. Pennichuck is asking for a 30-40% increase; when was the last time you got a raise of 30-40%? At the University, we finally got a raise of 3.5%. I’m sure you know that right now animal shelters are filled to capacity, as people cannot afford to feed their animals. On my fixed income, something is not going to be able to be paid. The gas prices are going up as well as other things, and this “bill is going to go out the door unpaid.” I have no other options. My first priorities are food, heat and then the mortgage. A bill of $400 I could possibly afford but $600, I cannot afford. It is not going to get better. As a Liberal or as a Conservative, we have more and more in common. I think that we may want to explore this; people cannot afford to pay these water bills. Increasing the rates will not get you money and even in terms of property taxes, you may get less also. They are getting too high for folks to pay.”

Dan Schroth noted that at the hearing of July 16th, the BOS should be there. The reason would be to control this rate. Pittsfield needs to be represented. There is a lot happening in Pittsfield with the increasing tax bills and everything else. Are we still pursuing purchasing our water company?

(JL) explained, “We are actively waiting to see the results of the Pennichuck-Nashua issue.” Dan Schroth reiterated that we should watch this. We should own our water. (LK) explained that Board would be discussing this tonight as it is on the Agenda.

Gerard Leduc noted that it will be affecting businesses coming into this community. They increased it 20% first year and then it went up another 5%. This is the breaking point for some of these people. We need representation at this public meeting. I intend to bring it up at the Planning Board meeting as it affects everyone, not only this but also the tax rate. These guys are scaring businesses away. Is there a plan to do something about this rate? (LK) noted that Board will be discussing this tonight

AGENDA REVIEW

(DM) Request for Use of Letterhead – Thank You, Ethics vs. Right to Know vs. 91A; (LS) Budget F/U, Follow-up on May 6th Suggestion Box Note; Follow-up on Exit Interview; Sick Time Policy; (LK) Town Clerk Monthly Report, Letter Received Today from Suggestion Box; (LKe) Letter Received Today from Pennichuck.

APPOINTMENTS

6:05 P.M. – Police Department Appointment – New Employees (l FT/1 PT)

Chief Wharem introduced Clint Cassavath who is applying for full-time police officer position. We have finished the background check and he has completed all the testing and comes highly recommended. He owns his own construction company and Sgt. Cain knows him personally. He meets all standards/training and has signed an Employment Contract. If approved, he can begin tomorrow. Mr. Cassavath related he comes from Concord and when questioned as to “Why Pittsfield?”, he related that it is a small town, and friends talk very highly of this Town and he personally likes the Town.

Chief Wharem introduced Justin Swift, for the part-time police officer position. He noted that Mr. Swift has met all the qualifications and has a background in corrections, currently working for a construction company. He has signed the Employment Contract and is available to also start tomorrow, if approved, and will begin firearm training and then attend Academy in September. Mr. Swift was questioned as to his place of residence – Durham, NH – and asked, “Why come this way?”, he noted that he also has friends here, the Town has a lot to offer and that it is a “perfect fit for me.” Chief Wharem noted also that he would be interested in full-time should that become available.

NEW BUSINESS

ACTION ITEMS

1. Application to Operate a Coin Operated Amusement Device – Zoya’s

Restaurant

(LK) noted that no one was present representing Zoya’s tonight. Would

Board like to discuss or come back to this when someone from Zoya’s is

present? Board agreed to proceed tonight.

(LKe) noted that original request was back in December/January when they

applied for up to five devices. There was an exchange of thoughts between

Zoya and Chairman Morse that BOS would like to get it down to a specific

number. Zoya settled on three but it was noted that she could apply for more

in the future if she wanted to. It was approved for three – one pool table

and two coin operated devices, the fee was paid and it was processed. In

late March, Mr. Berube came in for approval for two additional devices and

paid $50 to the Town Clerk. I have attempted to contact him to fill

out additional forms. The Chief has gone in and reviewed the area, and

noted that it does not inhibit the interior. Restaurant was approved in 2003 –

Planning Board via Waiver.

Chief Wharem noted that he has looked at the area and there is ample room,

it is laid out nicely and did not feel that he could deny him anything

regarding this. Fire Chief did not review area yet.

(EV) noted that he thought it was a good idea to send the Building Inspector

(Code Enforcement) to make sure all requirements are being met and send

us his comments.

Chief Johnson related that the restaurant is due for an assembly re-inspection

which is tied into use and the allowed number of occupants. There has been

a lot of new changes in the codes regarding bars and other establishments

with liquor licenses and the amount of occupants allowed.

(EV) noted that this should all be coordinated rather than them each going in

piecemeal. Chief explained that he is currently going on vacation, and will

be gone for two weeks. He noted that he would prefer to do this when he

gets back and it would be coordinated with BI. (DM) suggested a letter be

sent to Zoya’s to explain that Board is looking for more information and

would get back to him as soon as this is completed.

2. Permit to Display Fireworks

(LKe) related this that request is for a July 4th private party and the

individual involved has done this for a number of years. He has done the

fireworks for the Balloon Rally in the past. (LK) suggested approving this

conditionally as there has been no rain for several weeks and this might

have to be cancelled. It was noted by Chief Johnson that this gentleman is

very well versed in this regard and that he has complete confidence in him.

He noted that there is no Ordinance in place in Pittsfield or the State that

governs this. If there is “high fire danger” he will be contacted. By law, he

is not even required to get this permit.

(EV) Motion to approve permit for Fireworks Display on July 4th for

William Miller. (LS) Second. Carried 5-0.

3. Police Department Personnel Hiring

(LS) Motion to approve Clint Cassavath as full-time police officer.

(EV) Second. Carried 5-0.

(LS) Motion to approve Justin Swift as part-time police officer.

(DM) Second. Carried 5-0.

(LS) questioned the employment status for police officers. Chief related that the full-time positions are all full and there are six, maybe 7 for part-time. We currently do not have enough people to do training. The new full-time police officer approved tonight, will be starting tomorrow. The part-time police officer will probably be going to the Academy in September (220 required hours.) (LS) questioned when the June schedule would be available. Chief related that it is being modified and would be available tomorrow. He noted that the walking patrol started this weekend.

(EV) requested quick update regarding the proposed Neighborhood Watch. Chief related that this is a national organization, not for profit, which is a citizen’s patrol (not a police agency). They can call in crimes in Town, are trained in probable cause and can be called into Court to testify and are credible witnesses because of background training.

Chief noted also that there would be an increase in Dispatch and County Attorney fees next year.

INFORMATION ITEMS

1. Police Department Arrest Log May 18th to May 24th.

(LKe) noted log includes the activity we are seeing in Town with an increase in calls and arrests and includes a few out-of-towners.

2. Building Inspector Monthly Report – May

(LS) noted that this is a very good report. She noted she would like to see the activity regarding Building Permits also included in the report.

3. Staff Meeting Notes – May 27, 2008

(DM) questioned how the proposed “Employee of the Month” information was received. (LKe) There were no negative responses to this.

4. Letter to NHDOT Director Knowlton Regarding Safety Concerns

(LKe) related this was in reference to BOS concerns regarding lack of security at the Quonset Hut. He requested that Director take another look to see if possibly something could be done in this regard.

5. Loitering Ordinance Information

(LKe) noted that information acquired has been distributed to all Board members. (LS) noted that (DM) had provided Board with a Loitering Ordinance from Madison (Wisconsin) which was quite good. She noted that the wording could be applied to a Pittsfield Loitering Ordinance.

(LK) suggested Chief Wharem and (LKe) review it to get their input. He related that Town has got to do something. This is a major concern; people are afraid to walk downtown. I had someone comment to me on this about just walking to the store. (EV) noted that many people live in the apartments upstairs and come out to sit on the steps when it is hot. We cannot just “pick and choose.” (LS) noted that they are obstructing doorways, sidewalks and can be a nuisance just sitting on the steps. (LK) This needs to be monitored to the point of whether it is a nuisance. Citizens are afraid to walk to the market. (DM) noted that if she saw a gathering of individuals on the sidewalks in this area, she would not get out of her car. (LS) noted that we have to address this carefully. (EV) Police Department has to use their own judgment on this. (LS) related that we have to monitor it more closely. We want people to be able to walk to businesses. Prospective businesses see people loitering and then they are not interested in being here.

6. Town Attorney Observation – Coin Operated Devices

(LKe) noted that the BOS has raised the general question as to when a restaurant becomes an arcade. I have described this to Laura Specter and she has noted that there is not a “bright line test” in the Statutes to cover this and has looked at various cases on this. “It may fall back to a change of use involving the Zoning and Planning Boards.” (DM) “Is there anything in the Zoning Ordinances on arcades?” (EV) noted that he had checked but could find nothing on this. (LK) Maybe Mike can come up with some comments on this and let the Fire Chief make some recommendations. Chief Johnson related that there are now a lot of concerns in establishments mixing alcohol and large crowds in an atmosphere where things can occur. (LK) Perhaps you could work with the Building Inspector on this and educate us as to what we should be looking for.

7. NHPUC Order of Notice, Pittsfield Aqueduct Company

(LKe) noted that this information was received recently and now the follow-up letter which was received today. I contacted Laura Specter on this and they have been following the Pennichuck – Nashua matter. Pennichuck has been ordered to provide their account books and other documentation for review to try to justify the rate increase. The Commission should be questioning all the materials provided and will open up discussion to the public. He noted that there are three different rates: Pittsfield rates, Locke Lake and also Madison/Conway rates. (LS) noted that she thought this warrants having professional assistance in this matter. “I can attend the hearing as a layman but would need assistance on the technical end of this.” Board discussed the viability of having a “professional” who specializes in these matters as opposed to legal counsel but ultimately decided it would be beneficial to have Laura Specter present, as she understands the matter fully. (EV) As a Board, we need to take a stand that we do not agree with these rates. The amount of increases puts a hardship on the citizens.

Al McClelland noted that Town had once talked about buying the company. Where are we with that? (JL) explained that when a decision is made, Nashua can buy their part and the other “pieces will fall into place” but that is a very long way away. (LK) noted that Art Morse had worked on this previously and maybe we could ask him if he might get involved. (LS) noted that there is not a lot of time; we need to gather facts quickly. We need to try and see what we can do to try and make a difference.

8. Town Clerk Monthly Report

(LK) noted that we are reading about issues like Pennichuck, many foreclosures, and etc. and we are not informed about revenues unless we specifically ask. I think it would be a good idea if the Town Clerk could provide a monthly report for now and then maybe later a quarterly report. (LS) noted that a monthly financial report is a good idea. “We need to know what we have to know where we stand.”

9. Suggestion Box Letter – Lea Adams

Letter left in Suggestion Box: “Thanks for the Carroll Street and Main Street intersection change – GREAT idea! Lea Adams.

10. Town Letterhead – Forum

(DM) noted that Dan Ward has requested to be able to use Town letterhead with Town seal to write “Thank You” letter for attendance at forum. (LK) noted that the letter should be conditionally approved first. (DM) noted she would submit draft to Board for approval.

11. Ethics Training Class

(DM) noted she had attended the recent Ethics training class. She explained she had some concerns in reference to ethics policy and matters being addressed in a public forum noting there is a conflict the way policy is written, way hearings are conducted and the Statutes interpretation. (LKe) The Ethics Committee has the right to change their own codes on approval. They can choose whether hearing is to be public or non-public. However, employees have certain rights. (LS) There is a difference between voluntary government and employees. Employees have due process but a volunteer is different. You would have to be very careful in matters concerning employees. (LKe) RSA 91-A should supercede code. (LS) If you will remember, the then BOS had some hesitations when this was put together.

12. Budget Follow-Up

(LS) Has the letter to the School Board concerning budget gone out yet? I think a separate letter should be sent to the School Board and not just a copy of the letter that was sent to Department Heads. (LK) We need to help taxpayers keep taxes down.

13. Suggestion Box Letter

(LS) Has a response to personnel regarding the May 6th suggestion concerning staff courtesy been sent out? (LKe) Forthcoming.

14. Exit Interview

(LS) Is Steve gone? Has an exit interview been accomplished?

(LKe) “Yes.”

15. Sick Time Use Policy

(LS) I would like a copy of the sick time policy from both contracts and Town policy and how it is to be used, and also holiday pay for discussion purposes.

OLD BUSINESS

1. Class VI Road Building Permit Protocol

(LKe) For Board consideration and if approved, I will send to staff. (LS) I think it states very well what we are looking for.

2. Proposed Memo Regarding 2009 Budget Preparation

(LK) Excellent letter.

3. Appointments to the CNHRPC

(LKe) The Minutes of the Planning Board indicate that Gerard Leduc will be the representative from the Planning Board. (EV) The Zoning Board will address this at the next meeting on the 12th. (LKe) noted he will await the results of that meeting and then inform CNHRPC accordingly.

4. Town Investment Policy Proposal

(LKe) Not yet.

5. Capital Improvement Plan

(LS) “Time is ticking and it is important that we get this moving.” Gerard Leduc noted he would address this at the upcoming Planning Board meeting.

6. Space Needs Study

(LS) noted that these plans go “hand-in-hand.” (LK) questioned whether it would be advisable to advertise and create a new committee? (LS) We still have the committee. (LKe) I have gotten all the information from the members but not from the Chair. (LS) Could we take the information we have and then include the Fire Chief and Police Chief input. I would not like to address Budget Committee and not have this done. (DM) Does anyone want to stay on the committee that was previously on it? (LK) We could send a letter to those members and check if they are interested in being on new committee and request a response within five working days. Gerard Leduc noted he would check with Planning Board if anyone was interested in being on Space Needs Study.

7. WWTP Plan Status

(LKe) Not available yet.

8. Sidewalk Improvement Plan Status

Pending.

9. Review of Goals & Objective

(LKe) This is included in the packet of information.

APPLICATIONS AND WARRANTS

None.

CHECKS AND MANIFESTS

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

Discussion:

(LS) If conference is being held in Meredith, why are they staying? Chief Wharem explaining that after the conference is done for the day, there is a lot of networking which can be very valuable. (LS) “Are there cheaper accommodations in the area?” Chief Wharem indicated he was unsure of this. However, this is the last weekend of Bike Week and it might be difficult to find accommodations. The cost includes the conference, which is only held once a year, training, and accommodations. Chief Wharem noted he would provide an itemization of costs. (LKe) to review.

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

Discussion:

(LS) noted there was an individual who was sick after the holiday. In order to be paid for holiday, you have to work a full day before and after.

(LKe) Correction will be made. (LS) Also, just to make note, sick time is noted for the same individuals week after week.

MINUTES

Minutes of Student Presentation of May 27, 2008

(JL) Motion to approve Minutes of Student Presentations of May 27, 2008. (DM) Second. Carried 5-0.

Public Session Minutes of May 27, 2008

(EV) Motion to approve Public Session Minutes of May 27, 2008.

(JL) Second. A few minor corrections noted. Carried 5-0.

PUBLIC INPUT

Maurice Wells noted that there are still no Town seals on Town trucks. (LKe) noted that we are working on this; it is on our list of things to do. Mr. Wells noted that he goes to New York every other week and sees them on trucks up there. “Why not put on the seal when the truck comes in? It is like talking to the wall.”

Gerard Leduc explained that there used to be a “No Parking Close to Corner” sign on Depot Street across from where the PYW used to be.” The sign is missing. Could it be replaced? Chief Wharem related that it would be taken care of.

Close Public Input

NON-PUBLIC SESSION

(DM) Motion to go into Non-Public Session per 91-A:3 II © (LS) Second. Carried 5-0. Members of the Board were polled individually and all agreed.

Non-Public Session begins at 7:42 P.M. Short Break.

Public Session commences again at 8:15 P.M.

(DM) Motion to seal Non-Public Session Minutes of June 3, 2008. (EV) Second. Carried 5-0.

OTHER

Gas Pumps

(EV) related that he had informally (not as a BOS representative) talked to owner of Blueberry Express regarding purchase of gas for Town vehicles and if discount could be provided for large volume purchases. He noted that owner might possibly be interested and would be willing to discuss. Owner also suggested acquiring a Mobil credit card and contacting Mobil directly regarding discount. (LK) requested (LKe) send letter to all local gas stations requesting this type of information for future use.

ADJOURNMENT

(DM) Motion to adjourn. (LK) Second. Carried 5-0.

Meeting adjourned at 8:25 P.M.

APPROVED: June 10, 2008

_____________________________ _________________________

Larry Konopka, Chairman Date