May 4, 2010 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 TUESDAY, MAY 4, 2010

CALL TO ORDER

Call to order at 6:0 3P.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

Carole Richardson: During the Public Hearing are you going to have Public Input? (DM) Yes.

AGENDA REVIEW

(PS) Appointment with John Topouzoglou Re: Storm Water Drainage, Bond Counsel Engagement Letter for Tax Anticipation Note, Award Bid for Paving, Request by PSNH New Pole Location; (EV) Non-Public; (DM) Community Forum Invitation, Ted Mitchell Re: Landscaping.

NEW BUSINESS
ACTION ITEMS

9. Ted Mitchell – Landscaping

Mr. Mitchell related he wanted to keep Board apprised as to the ongoing landscaping at the Town Hall. He noted that the window boxes on the pillars are now in place. He related that he will next be looking for small trees, probably non-poisonous evergreens for the side areas. These will probably be tall but narrow. (DM) Please let us know what you decide.

2. Approval of Fuel Oil Bid

(PS) This was on the Agenda at last meeting and (EN) was seeking a better price on fuel oil. To date, I have not heard from him. (DM) Eric was going to call around to see if he could get a better price.

(DC) Motion to accept bid from Fred Fuller @ $2.5785/gallon. (EV) Second. Carried 4-0.

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

(PS) HSA has requested that this be continued until unit is in compliance and they will advise us when that occurs.

(DC) Motion to continue abatement of taxes Tax Map U01, Lot 57 until such time as compliance of unit is accomplished. (EV) Second. Carried 3-1 (FH).

4. Action to Purchase Town Hall Maintenance Equipment

(DC) related he has spoken to Larry Konopka and Paul Gregoire regarding the purchase of buffing machines to maintain floors at Town Hall and Police Department. Larry Konopka has two such machines, which cost about $1,500 brand new, and he will sell one at $250 or two at $400. One would remain at Town Hall and one at Police Department. Machines are heavy, difficult to lift, and Paul Gregoire has a “bad back.” The price of $400 is reasonable.

(DC) Motion to approve purchase of two buffing machines from Larry Konopka at a cost of $400 (one for Town Hall and one for Police Department) so floors can be properly maintained. (DM) Second. After Discussion: Carried 4-0.

Discussion: (DM) noted she would be willing to go with the purchase of one machine and have someone help him move it when necessary. After further discussion regarding the frequency of use, what uses are included, cost, whether part of cost can be derived from Police Department Budget (yes) and where storage area would be motion was unanimously approved.

PUBLIC HEARING

6:10 P.M.: Application for Motor Vehicle Junk Dealers License – James Snedeker continued from April 20, 2010 Board of Selectmen Meeting.

(EV) recused himself and was seated in the audience. (DC) requested that his public disclosure as noted at the April 20th meeting be continued tonight.
Board agreed.

Public Input (6:15 P.M.)

Carole Richardson: I guess I am confused with the process as to why Mr. Snedeker did not give a presentation first. I worked for the Legislature for 30 years and never saw this kind of process. I would like to get some things on the record concerning this. After the Snedekers spoke at the last meeting, the meeting was ended and you said no further input would be accepted.

(DM) I never denied anyone the ability to speak at that meeting.

Carole Richardson: The process is totally flawed. Usually we hear from the party first rather than after the public input. I got a copy of the draft Minutes and it notes that Snedekers got approval for 50% of the land but opted to only use 130’ x 90’. That is not true, Zoning Board never approved that.

Mr. Snedeker noted that he never got any notification regarding a violation regarding cars on his mother’s lot. This is not true. There were cars parked on Jim’s Mom’s lot with “For Sale” signs on them. He says he does not stockpile that they go right to Rochester.

I am concerned about what he said about storing tires. They are not under cover and are breeding grounds for mosquitoes and other health issues.

Mrs. Snedeker discussed improvement to their house and this has nothing to do with the junk yard area.

Mr. Snedeker failed to say he filled in both sides of their driveway which is situated in a wetland. DES told them to discontinue.

I have asked the Town Administrator regarding responses from CNHRPC and Conservation Committee and have received no response from him. It is illegal that one Board does not carry through on this and what should be voted upon.

There is no driveway permit for the junk yard entrance. It is all “willy-nilly” with no clear site.

Mr. Snedeker stated he would like to level part of the junk yard area – they are in a wetland area.

Mr. Snedeker told Zoning Board he would not be dealing with cars only scrap metal.

The fence has not been there for a long time.

I believe that the entrance is not fifty (50) feet from the ROW and the fence is too high.

I am very confused with putting markers in without a surveyor. (DM) This never took place.

I am confused that Don Chase did not recuse himself as he is the Chairman of the Ethics Committee. (DM) Mr. Chase has resigned from the Ethics Committee.

Nancy Christie: I am a member of the Conservation Committee but am here tonight strictly as a citizen neither for or against the application. I am an environmental person and am concerned about the junk yard.

I have done some research since the last Board of Selectmen meeting (April 20, 2010) and from what I can understand it appears that the application is not complete. It is noted that 85% of “end of life” vehicles can be recycled and junk yard dealers are recyclers. It is critical that properly cited motor vehicle junk yards be in compliance with State and Federal Regulations. There are a lot of toxins associated with junk yards which can and will pollute the water from wells or elsewhere.

According to RSA 236, 111-129, (which was read to audience) there is something missing from the application. It should denote permanent boundary markers and the certificate of compliance should be and is not part of this application. This is for existing facilities as well as proposed facilities. The State provides a “boilerplate” application which denotes that it must be signed under the penalty of falsification.

I do not want to see our ground water polluted and I want to protect our beautiful Town and until all parts of the application are provided by law, this is not complete.

Hank Fitzgerald: What Nancy Christie is quoting is actual law governed by the EPA and DES. There can be no Green Yard until you get your license and then are certified by DES. Yes, there are wetland issues and I would think that most people up there are violators regarding wetlands at one time or another. That is the nature of the slope.

Jim Pritchard: I disagree with that. The Snedekers have not submitted a completed application.

(John Topouzoglou requested all parties speak louder.)

Eileen Legg: I agree with the concerns that many have regarding toxic waste. Over a long period of time, this can be a problem. Cars come in, sit on the soil, the rains come and wash the “drippings” into the wetlands. This can be a serious problem not only today but over a period of years. After twenty years, it has been seen as a problem in other Towns. The costs end up with the Town and can be a pretty hefty cost and as a taxpayer, I do not want to pay that.

At the onset it was noted that there would be no motor vehicles but motor vehicles have appeared, not just metal. This is a primary residential area with homes with wells and this may be a problem in the years to come. Our Town would be liable for that. We need to look forward and make sure safeguards are in place.

Marlene Snedeker: Jim has showed the Board that he makes out an end of life form for all vehicles. If he was contaminating the soil, our own well would be involved. We drink that water, and bathe in it. Also, this is not a long term business for Jim. He is now fifty years old and has just been diagnosed with high blood pressure due to stress. I would not allow my husband to conduct a business that would contaminate the wells.

Jim Snedeker: I would like to comment on some of the stuff that Carole Richardson commented on.

First, my driveway washed out due to the rains and I put in a new culvert. I have a driveway permit.

Where the junk yard is located it is not a wetland. That is only on the right hand side of my driveway.

I told the Zoning Board that I had about a half day worth of cars behind the fence and they do not stay there long. Vehicles have never been stacked there.

Zoning Board said we could be approved for 50% because of my father’s place, but we are only using 130’ x 90’. This was just mentioned at the Zoning hearing.

It is true that DES will not come and give me any plans until I am licensed. DES told me that right to my face.

Marlene Snedeker: Comments were made that this business would not be necessary as there are other salvage yards around. It does not make any difference how many of a particular business are in Town. There are various pizza places and multiples of other businesses, which I utilize. This is a small business which we run from our home area. I do not want to upset anyone.

Jim Snedeker: I am trying to make a living. I have lived there for fifty years and I can remember when it was a dirt road and they used to put oil on it to keep the dust down. I am not putting oil into the ground. All my vehicles go to the salvage yard. I have receipts for the tires I take to the dump. Anything with fluids are put in containers.

Marlene Snedeker: I understand the environmental issues and concerns. It seems that Jim is the only environmental concern these people have. If you go out on the back roads, there are junk cars everywhere. No one else is complaining about those. My husband works very hard and will abide by any regulations necessary. I work as well, a four day week, and I cannot maintain my home alone. There are a lot of foreclosures on the road and I do not want to be one of them.

Jim Snedeker: That is why I am here. I will do what it takes to keep the yard running. I am not trying to avoid anything. (FH) How often does DES or EPA come to check? Jim Snedeker: They come about every six months. If they see something they do not like, they give you a number of days to fix it or license can be suspended.

Marlene Snedeker: There were a number of pictures submitted and I would like a copy of them. If possible, I would also like to know who the photographer was. (PS) noted that Mrs. Richardson submitted the pictures. Mrs. Richardson noted that she did not think who the photographer was had anything to do with this. (It is noted that Board received these pictures today.)

(FH) We can issue the license tonight and have DES and EPA educate them. If they do not comply, they can revoke the license. I think Board should take that step. You mentioned you would like to level that area. Jim Snedeker: Yes, someone is going to do that tomorrow. Board and Mr. Snedeker discussed position of fence and where position of junk yard is located.

(DM) Mr. Snedeker, are you familiar with the rules governing junk yards?

Jim Snedeker explained that he is somewhat because of a nephew that is in the same business. He related he had information relating to the oil, gas, parts, tires, and metal collected. I am not trying to contaminate the water supply.

Paula Belliveau: I would like to see the area surveyed. He did not mention too much about tires and how they are handled and the storage involved. I would just like everything done properly and legally.

Efegenia Topouzoglou: My concern is before you give him his license that measurements of the junk yard are clearly outlined. It is really not that clear and it should be blueprinted out. It is important.

John Topouzoglou: For Pittsfield and future, make sure that the rules are followed. You have to read the rules and regulations and follow them for our future.

Nancy Christie: Does the application contain a signed compliance agreement. It is not legal until the application is complete. I am pleased to hear that Mr. Snedeker is in agreement that he would do an inspection of his premises. I do not believe Board can act until the application is complete.

Close Public Input (7:02 P.M.)

(DM) I would like to continue this hearing to a future date so that area can be surveyed and I would like to see Mr. Snedeker go through the checklist as noted in the booklet, Motor Vehicle Salvage Yard Environmental Compliance Manual and Self-Audit Checklist, before I would approve application for this junk yard.
(Mr. Snedeker was provided with a copy of this booklet and also a copy of the application noting that it must be signed “under penalty of falsification.)

(PS) To expand on what (DM) said regarding the survey, the property should be surveyed and since you had your property surveyed not too long ago, you could use the same surveyor. You can have him place the pins and also the GPS coordinates.

(DC) Can this Board legally grant the license contingent upon completion of this form and then get State approval?

(PS) I have not been here the entire term that this has been going on. Because of the history of the situation and public discussion, it would be more prudent if the information was submitted before granting the license. You would not want to do that at this juncture.

(DM) Motion to continue Public Hearing until May 18, 2010 at 6:10 P.M. here at the Town Hall. (DC) Second. Carried 4-0.

Mr. Snedeker was advised to contact Town Administrator if he could not complete surveying and self-audit checklist, though he would have to appear on May 18th and have it continued again.

Mr. & Mrs. Snedeker left meeting at 7:12 P.M.

Board recessed at 7:13 P.M. and resumed at 7:19 P.M.

APPOINTMENTS

6:20 P.M. Library Window Restoration Project/Library Board of Trustees

(PS) Board has notation of what quotes were from various vendors. The Library has recommended a specific vendor. The Board discussed prior to Trustees making a decision. Board is responsible for paying this out of expendable trust.

Mary Shelble: The Library has recommended refurbishing them. Board and Ms. Shelble discussed the various bids, which windows were to be done, how refurbishing would occur, storm windows, and grant monies.

(DC) noted that just refurbishing windows would not be enough but that maintenance would have to occur on the gutters to keep them free flowing via the downspouts and not overflowing onto the building and windows. Ms. Shelble noted that the building belongs to the Town and the outside is to be maintained by Town.

(EV) Motion to approve expending $15,500 to refurbish Library windows as noted with Wind Mountain Restoration LLC. (DC) Second. Carried 4-0.

6:30 P.M. John Topouzoglou Re: Storm Water Drainage

Mrs. Topouzoglou related that they reside on Cram Avenue and have had a water problem for quite some time. She noted that they have built a dry well behind the house to capture the water. There is a house behind us which belongs to Van and Julie Johnson. Yesterday, a backhoe started digging right beside their/our property line on the Johnson’s property near the barn to construct a dry well with piping which will allow water to flow out to storm drain. George came by and said that it was okay for them to do this. Our concern is “Who did they talk to about this?” The storm drain cannot handle the water there.

(PS) I did not talk to anyone about this. I can tell you that they were issued a permit to repair the foundation of the barn.

Mr. Topouzoglou noted that the Johnsons had suggested that they “pipe into this line also” and Mr. Topouzoglow asked them for a price. They told him they would get back to him and then later in the day, they ceased working on the project altogether. Mrs. Topouzoglou noted that at one time Sanel was going to assist with the water issue by making a drywell that they could hook into, but then they never heard anything about it again. (FH) explained that this was suggested but rejected by Mr. Sanel.

Mrs. Topouzoglou requested that the Board of Selectmen put the possibility of more storm drains on Cram Avenue on their “to do list.”

NEW BUSINESS – ACTION ITEMS CONTINUED:

1. LGC Job Descriptions (Previously distributed)

Board decided to continue to a time when all Board members are present.

APPLICATIONS AND WARRANTS

1. Application for Property Tax Exemption Tax Map U03, Lot 15 and
Tax Map U04, Lot 16

(DM) Pittsfield Community Development Corporation has requested that this be on the Agenda for May 18th to allow them more time to research matter.

PUBLIC INPUT

(DM) Maurice, since you are the only one here, is there something that you would like to note in Public Input?

Maurice Wells: Regarding the Police Grants from last week. It says grant is for Route 4/Route 28 Corridor. We are not on Route 4.

(DC) explained that the grant encompasses several towns including some that are on Route 4 (Chichester, Northwood, and Epsom) thus the grant is combined with Route 28 corridor. The police officers from these towns and Pittsfield split up the time needed for the DUI checks.

Maurice Wells: Also, Jim Snedeker never got a permit for his fence. (DC) He was told by the Town (Building Inspector) to build it. (FH) The permit should have come from the Building Inspector.

Close Public Input

NEW BUSINESS – ACTION ITEMS CONTINUED:

5. Review of Draft Vehicle Operation and Use Policy

(PS) This is the draft Vehicle Operation and Use Policy which I have discussed with Department Heads. I received two comments after noting that the Board was looking for their input. One from the Police Department and one from the Fire Department and attached is their own internal SOP’s. I also discussed using their own vehicles which we can incorporate into this policy or have as a separate policy.

(DC) I think the internal SOP’s would be included in the policy. Their SOP’s are critical to vehicle usage and probably should not be complicated with use of personal vehicles. We need a Town Vehicle Usage Policy and those have to be included in policy. Let’s not clutter up policy with use of personal vehicles.
(PS) It should be noted that they should not conflict with each other. Board agreed that they would review and it will be on the Agenda for May 18th.

6. Tax Anticipation Note Authorization

(PS) This is the Tax Anticipation Note Authorization for Citizens Bank and needs to be signed (in blue ink) by Board members.

(DC) Motion to approve signing of Tax Anticipation Note Authorization for Citizens Bank by Board members. (EV) Second. Carried 4-0.

7. Welfare Lien, Tax Map 229, Lot 74 (Property located in Belmont)

(FH) Motion to approve Welfare Lien Tax Map 229, Lot 74 for property located in Belmont. (EV) Second. Carried 4-0.

8. Action on Abatement Applications (Recommendations from Contract Assessor)

(DM) Motion to deny abatements as recommended by Cross County Appraisers (see attached*). (DC) Second. Carried 4-0.

(DC) Motion to approve abatements as recommended by Cross Country Appraisers (see attached). (EV) Second. Carried 3-1 (FH).

(FH) This is about $72,000 that it is going to cost taxpayers. Board agreed that these abatements would have to be granted as recommended by appraisers.

10. Bond Counsel Engagement Letter for Tax Anticipation Note

(DC) Motion to authorize Chairman to sign Bond Counsel Engagement Letter for Tax Anticipation Note. (EV) Second. Carried 4-0.

11. Award Bid for Paving

(PS) There is a Memo from George Bachelder for bids received for paving work. He is not recommending the low bidder as you will note in his Memo. (DM) How does these fall within the budgeted amount? (PS) They all fall within the appropriated amount. I have asked George to acquire references, which he has done and they are attached.

(DC) Motion to award bid for paving to Continental Paving. (FH) Second. After Discussion: Carried 4-0.

Discussion: (DC) noted that Continental Paving has been doing paving within Town for about 10-14 years. Though they are not the low bidder, but George notes that they do not require supervision to do the specs as a new company would. He knows this company and they know George and they have an excellent track record.

12. Request by PSNH New Pole Location

(PS) I was contacted today by Sidney Barton, PSNH with a request for installation of a new pole on the land adjacent to the dam (corner of Water and Concord Hill Road) near TC’s Garage. (EV) Whose property is it? Board was uncertain as to ownership of land and agreed

(DC) Motion to approve new pole location by PSNH contingent upon PSNH researching ownership of property and proceed accordingly. (FH) Second. Carried 4-0.

(PS) to send letter.

Recess 8:30 P.M. Resume 8:35 P.M.

INFORMATION ITEMS

1. Pittsfield Community Forum

(DM) There is going to be a Pittsfield Community Form at the Community Center on May 17th and May 24th at 5:30 P.M.to find out what is going on in the community. Food will be served. The results of the survey will determine disbursement of funds.

OLD BUSINESS

1. Town Hall Improvements, Life Safety Codes

(PS) The Fire Chief has completed his assessment on about half the building and will resume with the rest of the assessment in a couple of weeks.

2. Capital Improvement Program Pending
3. Selectmen/Town Administrator Goals/Objectives Pending

APPLICATIONS AND WARRANTS (Continued)

2. Notice of Intent to Excavate Tax Map R48, Lot 2

(DC) Motion to approve Notice of Intent to Excavate Tax Map R48, Lot 2.
(DM) Second. After Discussion: Carried 4-0.

Discussion: Board had several questions in relation to excavation including grandfather – pit has been active for over fifty years, effect on road, current use of property, expansion and completion of No. 5 and 6 on Notice of Intent to Excavate form. (PS) to check further on some “unanswered” questions in relation to the notice.

CHECKS AND MANIFESTS

(DC) Motion to approve Accounts Payable and Check Register. (DM) Second. After Discussion: Carried 4-0.

Discussion: (EV) The invoice from CNHRPC notes an entry that was charged to EDC and should have been Planning Board. I have requested a new corrected invoice which I have received. The check has already been made out and Cara will make sure that it is charged to the correct account.

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

MINUTES

1, Public Session Minutes of April 20, 2010

(EV) Motion to approve Public Session Minutes of April 20, 2010. (DC) Second. Carried 4-0.

It is noted that spelling of Wynette DeGroat (Page 12) was corrected to read Wynette DeGroot.

2. Non-Public Session Minutes of April 20, 2010

(DC) Motion to approve Non-Public Session Minutes of April 20, 2010.
(EV) Second. Carried 4-0.

3. Other

Minutes of April 16, 2010: Page 13, last line it is noted that abatement was denied for Tax Map U04, Lot 34 and should read U04, Lot 10. This was a typographical error only and did not affect the motion for denial for individual.

OTHER

1. Building Permits

Board noted that Gary Volpe has requested an extension for the Building Permit for rebuilding 36 Main Street. This can be renewed through Building Inspector.

(DC) questioned whether there is an active permit regarding the foundation on Depot Street and if not, what can be done about the site. (FH) This would be up to the Planning Board. (PS) to check with Building Inspector. It was noted that there are fees attached to these.

PUBLIC INPUT

None.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 9:00 P.M.

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

(EV) Motion to seal Non-Public Session Minutes of May 6, 2010. (DC) Second. Carried 4-0.

ADJOURNMENT

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

Meeting adjourned at 9:12 P.M.

Approved: May 18, 2010

____________________________ ____________________
Denise Morin, Chairman Date

I hereby certify that these Minutes were recorded by me on May 4, 2010 and publicly posted on May 6, 2010.

_______________________________________
Delores A. Fritz, Recording Secretary

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