May 18, 2010 Minutes

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

MEETING MINUTES OF TUESDAY, MAY 18, 2010

CALL TO ORDER

Call to order at 6:00 P.M., by Denise Morin, Chairman.

MEMBERS PRESENT

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

MEMBERS ABSENT

Eric Nilsson, (EN)

PUBLIC INPUT (6:02 P.M.)

(DC) I would like to recuse myself from the Board at this time and be seated in audience. Granted. (DC) seated in the audience.

(DC) I am speaking in response to a letter to the Board of Selectmen and Planning Board by Jim Pritchard which I consider to be a personal, blatant attack on my character and person. I would like to say that some of what he said was true, but most of it was a lie. I have been criticized for not responding considering this occurred in August of 2008. I was not a Town official but a private citizen. He is extremely lucky he is not in court for slander, liable and defamation of character.

Jim Pritchard: I just would like to briefly say that I stand by every single word in my letter.

Public Input Closed

(DC) returned and was seated on the Board. (6:05 P.M.)

AGENDA REVIEW

(EV) Non-Public 91-A:3 II (d); (DC) Winsunvale Road Information, Moving of Polling Place; (DM) Non-Public 91-A:3 II (b) and (c).

NEW BUSINESS
ACTION ITEMS

3. Schedule PMHS Student Presentation

Mr. St. James related that the Board has done this in the past and he is fortunate to have four students working on the project. All Board members agreed that this is a great idea to get students involved in Town. Board agreed that this would be scheduled for June 1st at 5:30 P.M.

4. Tax Anticipation Note/Revised Documentation

(PS) Because of the amount, the approval of the Board is required to move forward to sign documents.

(EV) Motion to approve the tax anticipation note execution and revised documentation as noted. (DC) Second. Carried 4-0.

PUBLIC HEARING

6:10 P.M. Application for Motor Vehicle Junk Dealers License-James Snedeker. Hearing continued from May 4, 2010 Board of Selectmen Meeting

(EV) recused himself and was seated in the audience. (6:11 P.M.)

(DC) I would like to note my continued disclosure as related in the original meeting.

(DM) Mr. Snedeker, did you have an opportunity to go over the information as presented to you.

Mr. Snedeker: Yes, and the survey has all been done, I have the State compliance paperwork and have gone through the book as requested and will keep a checklist as to what to do weekly.

Mrs. Snedeker: Also, Cara has noted that the application, though a sample, can be used as completed.

Public Input (6:15 P.M.)

Carole Richardson: What is the next step going to be? (DM) The Board will go through deliberations.

Carole Richardson: Eventually you will send it into the State? (DM) Yes, they will check it.

Carole Richardson: You should check with DES as there are some issues with the Town and State licenses, and he also needs a scrap metal license as well as the junkyard license. I will keep the pictures that were taken and my letters of complaint on this matter. Also, I am still very upset regarding the letter from the Town Administrator which was not a good response relative to the information being sent to CNHRPC and Conservation Committee for their comments. At what meeting was this was agreed upon. I have read the Minutes and do not note it in there. There are still three Board members who were here at that time and not one of them can tell me when it took place. You are not following procedure.

Jim Pritchard: It my understanding that Mr. Snedeker was to submit information on boundaries. He did that? (DM) Yes, he has submitted the coordinates.

Jim Pritchard: Since he has just submitted them now, the abutters should have a chance to review and comment on this. (PS) distributed copies to interested parties.

Dennis Mannion: I live up the road from Jim and I am in favor of his getting this license as this is his livelihood. This is the third generation for them doing this and he is trying to follow the rules.

Jim Pritchard: We are very interested in this information but have had no time to prepare.

Eileen Legg: The question was brought up regarding the distance from the road. Has any research been done on what limits should be? (PS) noted that Mr. Legg had talked to him about the question of distance in reference to State Statutes. I sent this information to Town Attorney and it is noted that it would not be enforceable because the use was already in existence.

Close Public Input (6:24 P.M.)

(FH) Have all the questions from the public been answered. (DM) noted that she would again open Public Input to address this.

Public Input (6:26 P.M.)

Jim Pritchard: I am a bit confused. Eileen Legg asked how the Town is going to recover Town revenues and you said the Board would not be answering any questions. There are questions as you know by the Richardsons as to where the junk yard would be, activities approved, BOS approval, violation by Mr. Snedeker with cars sitting on property and what does the Motor Vehicle Junk Yard License permit? You have not answered any of these questions.

(DC) Regarding the Zoning Ordinance violation that was cited, it was not against Mr. Snedeker, but it was against his mother. Mr. Snedeker was injured at the time, the Building Inspector found out the reasons and the cars were removed.

Jim Pritchard: I disagree, the violation was against Mr. Snedeker.

Close Public Input

(DM) At this time I am closing the Public Hearing and Board will deliberate.

(DM) My major concern is the junked vehicles with fluids in them. I would like something on that to be part of the conditions. (FH) If it is intact, there should not be any leaking. I do not see any problem with getting a car and maybe holding onto it for two or three days. You will see cars around Town sitting for weeks and months. I do not think that DES or EPA would fight that. (DM) Junk cars are not in the same shape as a regular car, that is my concern. (FH) It should not be a concern. If there is an issue the DES or EPA can take his license. (DC) I have no problem placing a condition on as to how long he can keep a vehicle – 24/48/72 hours. I have no issue with that. They have noted that it is not their intent to keep junk vehicles on their property. They would be willing to comply.

(DM) Also, the fence is up only on one side. (FH) He said he has a partial fence. (DM) I would like to make it part of the conditions. (DC) He has already said he is willing and wants to do that. I have concerns in general that conditions are not more stringent for him than those for anyone else doing this in Town.

(DC) Motion to approve junk yard license for Jim Snedeker with conditions as discussed. (FH) Second.

(DC) The fence should be completed around the junkyard (90’ x 130’) at same height as front area but at a six (6) foot minimum and within Town regulations.

(DC) Motion Amendment: I will amend my Motion to indicate that the approval for the junk yard is contingent upon the fence being completed on the remaining three sides of the designated area and that the fence should be a minimum of six (6) feet and within Town regulations and that a time limit of 72 hours for removal of any junk vehicles he has stored in the designated junk yard be in place. Deadline for fence completion is September 1, 2010 and compliance concerning disposal of vehicles effective immediately. (FH) Second. Carried 3-0.

(DM) Mr. Snedeker, this does not give you Carte Blanche to do anything else.
Mr. Snedeker: I understand.

(PS) This information will be noted on the application, signed by the Board and forwarded to the State. Mrs. Snedeker: This Board will send to State? (PS) Yes.

(DM) I would like to say thank you to the public for being professional in this matter.

(EV) returned and was seated on the Board (6:40 P.M.).

APPOINTMENTS

6:05 P.M.: Parks and Recreation Staff Introduction

This is cancelled and will be rescheduled.

6:20 P.M.: Police Chief Robert Wharem – Department Update

Chief Wharem noted he wanted to update the Board on what is going on in the department.

1. We have a project that will be beginning soon for a drug drop-off program where all medications whether prescription or otherwise can be dropped off in the front lobby in a metal, locked, stationary box and will be disposed of by a particular officer on a regular basis after inventoried.

2. Bike rodeo which is not yet scheduled but will be coming up soon.

3. Crime watch program.
4. Walk to Health – School children walking to school one day a week from a drop-off point. We will be advertising for volunteers as crossing guards.

5. Hosting a night at a local business where public can come in and speak to me about anything they would like concerning anything pertaining to Police Department.

6. Public Forum – Community involvement in solving drug and alcohol problems.

7. Pending Grant for drug dog including care and maintenance.

8. Security System at Police Department – the use of technology rather than “people” to help monitor different areas and situations in Town.

9. Police Blotter with Safety Tips on a regular basis for publication in The Sun which will be authored by me at no cost to Town and maybe also on the Website and on Channel 24.

Chief Wharem noted that he would like to be able to do this on a regular basis without the approval of Town Administrator each time. Board agreed that Chief Wharem be given latitude to author this police blotter on a regular basis and to speak to the press if approached to comment on various incidents so that accurate information can be distributed.

(DM) Motion to approve Chief Wharem accomplishing Police Blotter with Safety Tips on regular basis for publication and latitude to address incidents when necessary. (FH) Second. Carried 4-0.

NEW BUSINESS – Continued

9. Winsunvale

(DC) Regarding signs for this area, I talked to George regarding her concerns and he advised that the Town cannot any longer put up signs such as “Slow – Children at Play” due to the liability and the minimum speed limit can be 25 MPH. Chief Wharem noted that none of the Town Ordinances indicate a set speed limit. In order to set a 25 MPH speed limit it would involve doing a safety study which can be quite costly.

2. Review/Action on Police Department Lobby Renovations

Chief Wharem noted that he has requested bids for this via E-Mails and phone calls, though the only bid is the original. (DC) I think rather than spending any more money or time on this, that we accept the bid as proposed if the Chief is satisfied. Chief: I would like to see this go forward.

(EV) Motion to approve bid for Police Department lobby renovations by JJP’s.
(FH) Second. Carried 4-0.

(PS) to advise them.

8. Hawkers & Peddlers License

Chief Wharem: I have spoken with the individual and explained to him what was required and he has provided this information. There would be some conditions that would be imposed and which should be part of the approval regarding parking, and traffic flow during sales.

(EV) Motion to approve Hawkers and Peddlers License for Michael Huard with conditions as requested by Police Chief. (DC) Second. Carried 4-0.

APPOINTMENTS – CONTINUED

6:30 P.M.: Fire Chief Gary Johnson – Call Payroll Frequency
Submittal (7:20 P.M.)

Fire Chief Gary Johnson noted that he would like to basically change payroll for paid on-call personnel from weekly to monthly. There are many weeks when individuals get paid for only one hour a week. Weekly payroll increases June’s workload. I have met with Cara and June and Cara has broken down the categories and that is all included in my report which I have submitted. (PS) related that State law requires that they are paid weekly unless requested to be done differently with Labor Department. It would also require approval by the BOS and also the individuals involved in receipt of payroll. Board has request that the two Unions consider bi-weekly payroll which would alleviate Cara from doing payroll weekly. No one else knows how to do payroll. It was noted that a Committee was formed to look into this, but nothing ever transpired concerning this. Chief Johnson: Town Administrator and Cara to work on this.

Chief Johnson mentioned several grants that the Fire Department is working on and that they have received a grant for Urban Forestry. “I am proud of my department and what they have accomplished.”

6:40 P.M.: Bill Elkins – Application for Property Tax Exemption Tax
Map 03, Lots 15 and Tax Map 04, Lot 16. (7:32 P.M.)

Bill Elkins and Ben Abbott, Pittsfield Community Development Corporation presented Quarterly Financial Report regarding properties owned by the PCDC and explained that due to economic times, help is needed to continue. He related that there has been no profit in the past five years. Board discussed rental properties, subsidized housing, possible partial or percentage property tax exemption requests, abatement, setting precedent and the impact on community members who pay taxes on a regular basis. Board suggested filing the necessary forms for tax exempt status.

(DC) Motion to deny request for property tax exemption taxes for Tax Map 03, Lot 15 and Tax Map 04, Lot 16. (EV) Second. Carried 4-0.

NEW BUSINESS – Continued

1. LGC Job Descriptions

Continued until all Board members are present.

5. Library Window/Contract Request for Payment

(PS) Contractor contacted Town to request a 60% deposit for purchase of storm windows. I advised that we could make check payable to establishment for purchase of storm windows rather than to the contractor alleviating the necessity to utilize personal funds. The question of whether a performance bond is necessary was raised, and (PS) advised that he has contacted Sylvia regarding this but has not received a response yet.

6. Transfer Request – Ambulance to General Fund

(FH) Motion to approve transfer funds from Ambulance R&E Fund to General Fund in the amount of $515.09. (EV) Second. Carried 4-0.

7. Review of 2004 Action by BOS Re: Town Hall Hours

(PS) Cara and I annually attend the Department of Labor Seminar in regard to office procedures, etc. as required. Regarding the Lunch/Eating Period, based upon the request and approval of employees at the Town Hall not taking a lunch break with the preference to eat at their desks. (DC) I have spoken to Liz and she advised that she and Nancy would want to continue as they have been doing.
(PS), (DM) and Cara will continue to work on this and address with Union also.

10. Moving of Polling Place

(DC) This is something I knew about before taking office but I have now researched it and done some “homework” on the subject. It was approved by the then Board to move the polling location for the upcoming Primary to the High School and then for all future elections. The Board never asked the people involved in this such as the Town Clerk, Deputy Clerk, Supervisor of the Checklist, or the Town Moderator. They were never consulted. (EV) It is the Board’s responsibility to provide the polling site. (DM) The reasons were for safety concerns and we are not in compliance with that. (FH) Did you check on that to be sure? (EV) By moving the checklist to the other room, it made it okay. Board further discussed the amount of voters during last presidential election, and that Town received letter of recommendation on how flawlessly election was conducted.

It was noted that the proximity of location of the town clerk, ballot clerk, voting machines, paperwork, multiple e-mails, faxes and phone called involved, safety issues at school, set-up procedures, central location of Town Hall, transporting of ballots, meal accessibility of the site, parking and various other issues that would be involved in this move.

(DC) I would like to see that vote to move the polling site suspended until more information can be gather. I think we should have the polling site stay at the Town Hall. (PS) agreed that he would acquire insurance information as to capacity and (DC) would discuss with Fire Chief.

PUBLIC INPUT

Bob Heroux: I have some questions regarding several letters dated March 23rd and the other April 14th concerning my property assessments. There is quite a difference in the assessments and I am questioning as to whether this is a reputable company and can the Board do something about this? (PS) was given a copy of the letters as received by Mr. Heroux and will research.

Mr. Heroux also related that he had listened to the discussion on the employees taking a lunch break, and “nothing against the employees, but you need to tell the employees what to do, and not allow them to do what they want to.” This is not a good idea.

Break 8:45 P.M. Resume at 8:50 P.M.

INFORMATION ITEMS

None

OLD BUSINESS
1. Town Hall Improvements – Life Safety Codes Pending
2. Capital Improvement Program Pending
3. Selectmen/Town Administrator Goals/Objectives Pending

APPLICATIONS AND WARRANTS
1. Warrant to Tax Collector for First Quarter 2010 Sewer User Fees

(FH) Motion to approve Warrant for First Quarter 2010 Sewer User Fees for $81,525.74. (DC) Second. Carried 4-0.

2. Abatement of Taxes, Tax Map R11, Lot 13 (Credit to Unpaid Balance)

(DC) Motion to approve abatement of taxes Tax Map R11, Lot 13 for $918.
(EV) Second. Carried 4-0.

3. Abatement of Taxes, Tax Map U03, Lot 45

(EV) Motion to approve abatement of taxes Tax Map U03, Lot 435 for $1,078. (DC) Second. Carried 4-0.

4. Abatement of Taxes, Tax Map U01, Lot 57

Continued.

5. Abatement of Taxes – Five Recommended Actions by the Contract
Assessors, Two Actions Required by Board of Selectmen

(EV) Motion to approve abatement for Tax Map R07, Lot 10. (DC) Second. Carried 4-0.

(EV) Motion to approve abatement for Tax Map U04, Lot 26. (DC) Second.
(FH) This should be denied. Carried 3-1 (FH).

(DC) Motion to table tax abatement for Tax Map R23, Lot 17 until this can be checked with DRA. (EV) Second. Carried 4-0.

(DC) Motion to approve tax abatement for Tax Map R20, Lot 7. (FH) Second.
(DC) Withdraw Motion. (FH) Withdraw Second.

(EV) Motion to deny tax abatement for Tax Map R20, Lot 7 as it is submitted after March 1, 2010. (DC) Second. Carried 4-0.

(EV) Motion to deny tax abatement for Tax Map U06, Lot 5 as it is submitted after March 1, 2010. (DC) Second. Carried 4-0.

(FH) Motion to approve tax abatement for U03, Lot 83 from date of fire until end of year 2009. (DC) Second. Carried 4-0.

(EV) Motion to deny abatement of taxes for Tax Map R33, Lot 9. (FH) Second. Carried 4-0.

(PS) This is an issue of capacity to pay. Individual applying for elderly deferral for next year. (DM) There is no criteria set for poverty level.

6. Application for Current Use Tax Map R08, Lot 14

(DC) Motion to approve application for Current Use Tax Map R08, Lot 14.
(FH) Second. Carried 4-0.

7. Application for Current Use Tax Map R46, Lots 2 and R46, Lot 3

(DC) Motion to approve application for Current Use Tax Map R46, Lot 2 and Tax Map R46, Lot 3. (FH) Second.
(DC) Withdraw Motion. (FH) Withdraw Second.

(EV) He is using land in Epsom as qualifier. (PS) will research.

(DC) Motion to table application for Current Use Tax Map R46, Lot 2 and Tax Map R46, Lot 3 until next meeting. (FH) Second. Carried 4-0.

8. Application for Current Use Tax Map R20, Lot 13

(DC) Motion to approve application for Current Use Tax Map R20, Lot 13.
(EV) Second. After Discussion: Carried 3-0. (FH) Abstain.

Discussion: (FH) There is the question of the right of way. It should be defined on the map. (EV) It is really irrelevant.

CHECKS AND MANIFESTS

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

(FH) What is this trailer for the Fire Department? (PS) I do not know what the original arrangements were. (DC) Will check on this with Chief Johnson.

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

(EV) Department Heads need to watch their budgets in this regard. (FH) When looking at the run sheets in regard to the fire on Foss Avenue, there was one who listed time in at 7:00 A.M. Fire was not called in until about 7:15 A.M.
(DC) noted that he called in the fire at 7:13 A.M.

MINUTES

1. Public Session Minutes of May 4, 2010

(DC) Motion to approve Public Session Minutes of May 4, 2010. (EV) Second. Carried 4-0.

2. Non-Public Session Minutes of May 4, 2010.

(EV) Motion to approve Non-Public Session Minutes of May 4, 2010.
(DC) Second. Carried 4-0.

PUBLIC INPUT

None.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 9:27 P.M.

Board returned to Public Session at 10:00 P.M.

(DC) Motion to seal Non-Public Session of May 18, 2010. (EV) Second. Carried 3-1 (FH).

ADJOURNMENT

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

Meeting adjourned at 10:04 P.M.

Approved: June 1, 2010

___________________________ __________________
Denise Morin, Chairman Date

I hereby certify that these Minutes were recorded by me on May 18, 2010 and transcribed and publicly posted on May 20, 2010.

____________________________________________
Delores A. Fritz, Recording Secretary

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