March 16, 2010 Minutes

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

MEETING MINUTES OF TUESDAY, MARCH 16, 2010

CALL TO ORDER

Call to order at 6:00 P.M., by Ed Vien, (EV), Vice-Chairman.

MEMBERS PRESENT

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

MEMBERS ABSENT

None.

PUBLIC INPUT

None.

AGENDA REVIEW

(DM) PDAC Request for Donation to Community Center, Non-Union Employee Raises Retroactive; (DC) Article 2 on the ballot, Library Handicap Access;
(FH) Three Non-Public Issues.

PUBLIC HEARING AND APPOINTMENTS

None.

NEW BUSINESS
ACTION ITEMS

1. Board of Selectmen Representative Assignments to Committees/Boards

Board of Selectmen:

(FH) Motion to approve Denise Morin as Chairman and Ed Vien as Vice Chairman. (DM) Second.

(FH) Withdraw motion to approve Denise Morin as Chairman and Ed Vien as Vice Chairman. (DM) Withdraw Second.

(FH) Motion to approve Denise Morin as Chairman. (DC) Second. Carried 3-0. (DM) and (EN) Abstain.

(FH) Motion to approve Ed Vien as Vice-Chairman. (DC) Second. Carried 4-0. (EV) Abstain.

Planning Board:

(FH) Motion to approve Don Chase as Planning Board as Selectman Ex Officio. (EN) Second. Carried 4-0. (DC) Abstain.

(FH) Motion to approve Eric Nilsson as Alternate to Planning Board.
(DC) Second. Carried 4-0. (EN) Abstain.

Budget Committee:

(FH) Motion to approve Denise Morin to Budget Committee. (EV) Second. After Discussion: Motion fails 2-3 (DC), (EV), (EN).

(DM) noted that she would prefer someone else take this as this is her last year and she is now Chairman.

(DC) Motion to approve Ed Vien to Budget Committee. (EN) Second. Carried 4-0 (EV) Abstain.

(DC) Motion to approve Denise Morin to Budget Committee as Alternate.
(EN) Second. Carried 4-0. (DM) Abstain.

Union Negotiations:

(DC) Motion to approve Fred Hast as Union Negotiator. (EN) Second. Motion fails 1-3 (EN), (DM), (EV). (FH) Abstains.

(DC) Motion to approve Ed Vien as Alternate Union Negotiator.
(EN) Second. Carried 4-1 (FH).

(DC) Motion to approve Fred Hast as Alternate. (EN) Second.

(DC) Withdraw Motion to approve Fred Hast as Alternate. (EN) Withdraw Second.

(DC) Motion to approve Denise Morin as Union Negotiator.
(EV) Second. Carried 4-0. (DM) Abstain.

B.C.E.P:

(DC) Motion to approve Ed Vien to BCEP. (EN) Second. Carried 4-0. (EV) Abstain.

Discussion: (EV) explained his interests involving the BCEP noting that he had a DES Level IV training and that he appreciated the Board’s support.

Emergency Management Director:

(DC) Motion to approve Chief Robert Wharem as Emergency Management Director. (EN) Second. After Discussion: Carried 5-0.

Discussion: (DM) noted she had some concerns appointing Chief Wharem because his plate is full and unless something changes, perhaps, it would be difficult for him to fulfill. He has resigned this position in the past.

(DC) I spoke with Chief on Friday and he assured me he is very much interested and will be before this Board at some point concerning one or two positions that is necessary to fill. He handled issues during the flood the other day. He has the expertise and the contacts to do this.

Deputy Welfare Director & Deputy Health Inspector:

(EV) Motion to approve Don Chase as Deputy Welfare Director. (EN) Second. Carried 4-0. (DC) Abstain.

(DC) Because of the business I run, I do a lot of night work and I cannot afford to hire anyone, but I would like to volunteer for these positions.

(FH) Motion to approve Don Chase as Deputy Health Inspector. (EV) Second. Carried 4-0. (DC) Abstain.

Deputy Building Inspector/Code Enforcement:

(EV) Motion to approve Eric Nilsson as Deputy Building Inspector/Code Enforcement. (DC) Second. Carried 4-0. (EN) Abstain.

Economic Development Committee:

(FH) Motion to approve Ed Vien to EDC. (DC) Second. Carried 4-0.
(EV) Abstain.

Drug & Alcohol Coalition:

(DC) Motion to approve Denise Morin to Drug & Alcohol Coalition.
(EV) Second. Carried 4-0. (DM) Abstain.

(DC) noted that Denise has done an excellent job on this committee.

Pandemic Committee:

(DC) Motion to approve Eric Nilsson to Pandemic Committee. (FH) Second. Carried 4-0. (EN) Abstain.

Foss Scholarship:

(FH) Motion to approve Ed Vien to Foss Scholarship. (DC) Second. Carried 4-0. (EV) Abstain.

Citizen of the Year:

(FH) When did the BOS get involved in the Citizen of the Year? (EV) About four years ago at their request.

(DC) Motion to approve Ed Vien to Citizen of the Year. (EN) Second.
(DC) Motion to withdraw Ed Vien to Citizen of the Year. (EN) Withdraw Second

(DC) Motion to approve Eric Nilsson to Citizen of the Year Committee.
(FH) Second. Carried 4-0 (EN) Abstain.

Regional Water District:

(DC) Motion to approve Fred Hast to Regional Water District Committee.
(EN) Second. After Discussion: Carried 3-1 (EV) (FH) Abstain.

(FH) noted that he would do this but needed the full backing of the BOS. I will only take this position if I get 100% backing. (EV) Can you clarify that? (FH) I do not want to run down to Bedford every month and then get shot down here. (EV) assured him that he has the backing of the Board as long as it is in the best interests of the Town. (FH) You cannot tell me that this affects only a few residents; it affects everyone. Board discussed briefly the fees involved and financial statements and Town involvement.

6. Appointment – Sylvia Wallace Library Grant

Ms. Wallace noted that “I just wanted you to know that the grant for the library windows has been completed and now needs Chair signature.”

(EV) Motion to authorize Chair to sign Grant for Library Windows.
(DC) Second. Carried 4-0. (EN) Abstain.

(DC) While she is here, can we address the Library Handicap Access?

7. Library Handicap Access

(DC) I was approached by Bill Provencal who was concerned about the handicapped access side of the building. I promised him I would look at it, which I did. The retaining wall is collapsing and is becoming a hazard as it blocks off the handicap access and also according to Bill, the egress. The question is who is responsible for fixing it? It is not a well-built wall.

(PS) noted that Kyle had discussed this with him, though I am not sure he talked with Sylvia. He is trying to contact the contractor and the Merrimack Valley Inmate Program to determine if it they could do the prep work and then have someone skilled to come back and lay the blocks. (DC) Could the Fire Chief give any direction as to if it is blocking the handicapped access and egress?

Ms. Wallace noted that after the bad rains, it is now coming apart and that it has been reported to the Building Inspector. Board members noted that none of them were on the Board when this was completed. (DC) Can anything be done temporarily? Ms. Wallace: We are now waiting to see what Board decides to do. She noted that this wasn’t that bad but the frost tipped it out. (DC) It was not built properly and the opposite wall is also showing poor workmanship. Ms. Wallace noted that it also does not have good lighting and should, she believes, have a fence there. (PS) to follow up on this.

2. Junk Yard License Renewal –Roy Richardson Auto Salvage

(PS) There is a Junk Yard renewal application for Roy Richardson.

(DC) Motion to approve Junk Yard License Renewal for Roy Richardson Auto Salvage. (FH) Second. Carried 5-0.

3. Inoperability Grant Fire Department Radios

(PS) The past Board had inquired of the Fire Chief as to the number of radios both fixed and portable. The Chief has responded as to the number of radios and usage. This requires authorization for Chair to sign.

(DC) For clarification, is the Grant to make radios operable after the catastrophe of 911. Fire Chief: “Yes, originally. This one upgrades the radios.” (FH) I assume that all your officers have one. Fire Chief: Yes, mounted in the vehicles and a reserve one. Board briefly discussed use of the reserve radio.

(DC) Motion to approve Inoperability Grant Fire Department Radios Grant and authorize Chair to sign. (EN) Second. Carried 5-0.

4. CNHRPC 2010 Traffic Counting Program

(PS) We have communication from CNHRPC annually to do vehicle counts on roadways. Attached is a history of where this has been accomplished in the past five years. It is before you for your input as to where you would like traffic counts. (EN) Do these numbers help us in getting grants for traffic lights? (PS) The info provides raw data for the Planning Board when doing multi-year planning and reviewing applications for development. Safe routes to school had a traffic count done in conjunction with that grant.

(FH) We should send this to Planning Board and check with George. (EN) We could have George come next week and discuss. (FH) Better still, take a copy down and discuss with him. (EN) to do.

5. Application for DES Groundwater Discharge Permit

(PS) In your package you will note an application for DES Groundwater Discharge Permit for WWTP operation. This has been completed by the engineer consultants (Turner Group) and Ron Vien reviewed it.

(DC) Motion to authorize Chair to sign application for DES Groundwater Discharge Permit. (EV) Second. Carried 5-0.

(FH) Has Town counsel seen application? (PS) No, but she will get a copy.

8. Emergency Management Director

See Above.

9. E-Mail from Attorney Whitelaw Re: Snedecker Junkyard Permit

(PS) This is a response from Town Counsel who was requested to give guidance to Board regarding the junkyard permit. My suggestion is that the two new Board members review the legal transmittal and find out in detail what has happened at the Zoning Board level.

(DC) Motion to table the Junkyard Permit till April 6th for review. (FH) Second. Carried 4-0. (EV) Abstain.

10. Nancy Bates Re: Reappointment to Conservation Commission.

(PS) The Conservation Commission was unable to have a quorum and Ms. Bates needs to be reappointed to the commission.

(EV) Motion to reappoint Nancy Bates to Conservation Commission.
(DC) Second. Carried 4-0. (EN) Abstain.

11. PDAC Request for Donation to Community Center

(DM) The coalition is requesting that the BOS make a donation to the Community Center so the Narcotics Anonymous Meetings can continue to be held every Saturday night. Without this donation, the meeting is in jeopardy of taking place. A donation of $240 would pay up for about one year.

(EV) Motion to approve donation of $240 to Community Center for Narcotics Anonymous Meetings. (DC) Second. Carried 4-0. (DM) Abstain.

12. Non-Union Employee Raises Retroactive

(DM) At the Town Meeting money was set aside for 2% retroactive non-union employees pay raises from the beginning of the year to start on April 1st.
(DC) started to make a motion to release these funds, but withdrew motion prior to a second.

Cher Keuenhoff: I was unaware it was to begin in April. I thought it was from January on. (PS) You and I have a different understanding on this. Cher Keuenhoff: When I asked for the figures, I asked for those for the year starting in January. The 2% increase would be for the entire year. (PS) to research and clarify.

(DC) Motion to table the review of the non-union employees raises to April 6th. (EN) Second. Carried 5-0.

13. Article 2 on the Ballot

(DC) I have a problem with Article 2 on the ballot this year. I contacted Secretary of State and discussed with Dave Scanlon. He basically agreed with my consensus. Article 2 should never have been on the ballot in the first place. It starts out by stating “Are you in favor of an elected Planning Board……” This is redundant since we already have an elected Planning Board. The clear intent was to reduce the Planning Board from a seven to five member Board. If I understand the law correctly, there is no provision to reduce/increase the members on Planning Board. (DC) related that it was his opinion that it “was slid through the back door” and the Article itself is illegal.

(DC) continued that Article 3 failed by 124 votes so the people’s intent is to keep it as an elected Planning Board and not appointed. This Board has three choices:
1. To ignore it; 2. Consult Town Counsel and deem it invalid; 3. Declaratory Judgment by petitioning the Superior Court, which I do not think is necessary.

(PS) agreed that probably the best choice would be to get guidance from Town Counsel. (DC) The only problem is that she let it go through in the first place. She may not pick up on it. (PS) If Board wishes, she can contact the same individual that Don talked to and discuss with him. (DC) This is a time-sensitive issue. (FH) Agreed and noted that it had to be accomplished by April 15th. Board agreed that (PS) would contact the Town Counsel offering her to contact Dave Scanlon at the Secretary of State office.

INFORMATION ITEMS

None.

OLD BUSINESS

1. Town Hall Improvements, Life Safety Codes

(FH) We have been dragging our heels on this. We should look at them and see what can be done. (PS) We do have funds to cover some improvements. We can ask Fire Chief to update his report.

2. Capital Improvement Program

(FH) What about this? (PS) noted that Denise and he were handling this and would come up with something the Planning Board can review. This should be accomplished soon.

3. LGC Job Descriptions

(FH) I would like to start going through these job descriptions maybe at the April 20th meeting. We have had these since 2008 and would like to see us work on this. (PS) agreed that he would get this information to the new Board members so they would have time to review.

4. Selectmen/Town Administrator Goals & Objectives

Pending.

5. Firefighter/EMS Cross Training

(PS) I will provide new Board members with a copy of this.

APPLICATIONS AND WARRANTS

1. Elderly Tax Deferral Application Map R28, Lot 2

(PS) This was on the Agenda at the beginning of the month. The Board had some concerns regarding the current assessed value which may be too high. The assessors are still working on this and we should have it for the next meeting.

2. Assessment Reduction Recommendation/Cross Country Appraisal

(PS) There is a letter from Cross Country Appraisal recommending the appeal be granted. (FH) I was under the impression that we can’t go back two previous years. (PS) This is an appealed matter. (FH) I do not recommend a 35% decrease on property. He explained his reasons concerning this and related that it would be quite a burden on Town to do this. I would like them to come in and discuss with Board.

(DC) Motion to approve the recommendation of Cross Country Appraisal Group granted appeal and abatement of assessed value. (EN) Second. After Discussion: Carried 4-1 (FH).

Discussion: (FH) I would still like them to come in and explain it.

3. Abatements

(DC) While we are on the subject, I have spoken with Cara and this Board needs to move forward on the completed abatements. She has informed me that these are costing the Town money and we need to approve/not approve them. (PS) These are not all the abatements; just the first batch.

CHECKS and MANIFESTS

(DM) Motion to approve Accounts Payable and Check Manifest. (EV) Second.

Discussion: (DC) There is a check to a law firm for over $3,000. (PS) explained that these were the attorneys hired to handle the issue regarding the family medical leave grievance. (DC) I do not understand why we are paying someone other than Town Counsel. (PS) This matter was reviewed with Town Counsel and it was their recommendation that this matter requires an attorney specializing in labor relations. (FH) Who recommended this attorney? (EV) That does not matter; it was decided by the Board. (PS) This is a matter that should be discussed in Non-Public.

Vote: 4-0. (EN) Abstain. (DC) related that though he approved the Accounts Payable he still objects to this check to Flygare, Schwarz, and Closson.

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

MINUTES

1. Public Session Minutes of March 9, 2010

(EV) Motion to approve Public Session Minutes of March 9, 2010. (FH) Second. Carried 3-0. (EN) and (DC) Abstain.

2. Non-Public Session Minutes March 9, 2010.

Tabled until next meeting of April 6th.

PUBLIC INPUT

Hank Fitzgerald: The guy who did the wall at the library was Cobb Hill in Concord. Also, regarding the CIP’s, the Planning Board has appointed Ralph Odell and I believe two other individuals to accomplish the CIP’s and they are scheduled to begin on this in April. You might want to contact him on this.

Cher Keuenhoff: The Budget Committee in October had gone to see the library wall and had discussed it at that time. I seriously would suggest someone do something about going after the contractor. They should be responsible for this. The wall has failed and needs to be repaired.

Also, Tan Road has washed out again. With the amount of money we have spent in the past three years to replace the culvert and sand, we really need to re-address this and get it permanently fixed. It is an access road and needs to be passable. You can come to that area via Tilton Hill Road but Tan Road is a better and safer route.

(PS) I have discussed with George just this morning and asked him what locations continue to have issues year after year. He noted Tan Road and Dowboro Road at the Epsom line. How much the costs would be was not brought up but I am hoping that George can come up with some fair estimates and that the Planning Board would include this in the CIP so that Town would not have to continue to fix it.

Cher Keuenhoff: It is a waste of our money. Regarding the sandbaggers that were working during the storm, we pay our firefighters. Are we going to bill anyone who requires this service so that they can submit to their insurance companies. We pay our people to do this but it is the homeowner’s responsibility. I do not believe that the Town should have to pay for this service. It is a billable item and we should not continue on this level. If it is the dam it would different than if it was a homeowner.

(EV) related that he discussed with (PS) noting that certain places have to be protected but doing it for individuals can be “sticky.” We should talk about it and come up with a policy.

Cher Keuenhoff: I listened to call-ins and in the end, these property owners should prepare their own properties. (EV) I agree 100% that they should be personally responsible for their own property. Three years in a row we have had the same problem. (DC) Do we know who actually did the sandbagging; was it volunteers, mutual aide, friends or was it the paid firefighters? Cher: If firefighters then they will get paid for the hours they put in. I do know that in the past it would have been a billable call. (FH) I believe there was no mutual aid involved because that had been cancelled. The sandbaggers in the past have done about 100 bags in one-half hours. Cher: Our part-time firefighters are paid and when they are called, it should be a billable call. (FH) explained that Town now has a “Run Sheet” in the Fire Department which would list all this information. Cher: Thank you for straightening that out. It was hard for the Budget Committee to work on this.

Cher Keuenhoff: Lastly, I disagree with the appointment of Chief Wharem as the Emergency Management Director. Each department during an emergency addresses their own department needs for the Town and having him in charge would be very difficult. The situation is going to come up where it is going to be too much to handle. It should be someone other than a department head. There is an enormous amount of work involved. It is not because I do not respect him, but it is just too much for one person to take on.

Maurice Wells: Regarding the dams, there are two gates and only one can be opened. We have got to fix that other gate. They closed the penstock up by the gate. (FH) Yes, they did something in the plant to close that off. Maurice: It used to go through at about five feet, but the last two or three years they closed the gate. (FH) I disagree. I talked to David Ossoff awhile ago, prior to 2005, and we had some discussion about the block. (DC) I agree with Maurice. The penstock is six feet in diameter and would provide a huge relief for the dam.

(EV) I was temporary Emergency Management Director and I was down there on Monday along with Chief and Terry Timmons. State would not have opened up and dumped more water as it would have been hazardous to properties downstream because of conditions. (DC) If the penstock was there and water was constantly running through the water would not back-up. It used to have no gates.

Hank Fitzgerald: In about 2003-2004, the State took over the dam. One condition on acceptance of the dam was the determination of the penstock. Once the penstock was closed, the State took over the dam.

Paul Richardson: Does Town give new Board of Selectmen a handbook? (He provided the Town with a copy of a handbook that he had.)

Referring to (DC)’s comments on Article 2, the Town Attorney does check over the Warrant Articles but it seems like this is not the first mistake that has gotten through. Maybe it is time for the Town start looking for another Town Counsel.

He also discussed the tar sanding and sealing, but George related the BOS took it out of the budget. He said it would help out. To seal is the same price as doing an overly but it would not hold it. (FH) George has money in his budget for sealing. Paul Richardson: Maybe because we put salt on paved roads. This is a major problem. (FH) He has money to seal and he has been sealing. He had a private contractor come in and do it. (PS) He has been crack sealing. Mr. Richardson: Putting overlay down in the spring is okay but in the winter it is not good.

Close Public Input (7:55 P.M.)

NON-PUBLIC SESSION

(DM) Motion to go into Non-Public Session per 91-A:3 II (a) and (d). (EV) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 7:59 P.M.

Break 8:00 P.M. to 8:05 P.M. Board resumed Non-Public Session at 8:06 P.M.

Board returned to Public Session at 9:00 P.M.

(EV) Motion to seal Non-Public Session Minutes of March 16, 2010.
(DC) Second. Carried 5-0.

ADJOURNMENT

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

Meeting adjourned at 9:07 P.M.

Approved: April 20, 2010

_____________________________ _________________________
Denise Morin, Chairman Date

I hereby certify that these Minutes were recorded by me on March 16, 2010 and public posted on March 18, 2010.

/s/ Delores A. Fritz, Recording Secretary

II Tapes