September 2, 2008 Minutes

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

MEETING MINUTES OF SEPTEMBER 2, 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), Denise Morin (DM), Leon Kenison (LKe), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

None.

AGENDA REVIEW

(DM) Public Comment Session – PUC Hearing; (LS) Budget, Grievance Response, Development Guide; (EV) EDC Grant; (LKe) Request for Hiring Temporary for WWTP, Handout regarding Judith MacLellan request. Planning and Zoning Memo, RSA 79E – Town Counsel completed review, and Tax Lien Properties – Liz Hast Appointment, September 16th, 6:30 P.M.; (LK) Gasoline – Town Vehicles, Vacancy on BOS, Suggestion Box Letter, Electric Heater Town Hall.

APPOINTMENTS

6:05 P.M. – Non-Public Session with Town Counsel

(LK) In accordance with State Law, we are going to enter a session of consulting with Town Counsel and ask that non-Board members excuse themselves while we do this. We expect to take approximately thirty minutes or so,

Board went into Non-Public Session at 6:05 P.M.

Board resumed Public Session at 7:02 P.M.

6:30 P.M. – Fire Chief Johnson – Demonstration of Ambulance Stretcher

Chief Johnson and a representative from Stryker Company appeared to demonstrate the power lift stretcher utilized in ambulances. Chief Johnson explained that he felt that the Stryker was the best. It is rugged, easy to manage, wide tires, power run, battery operated, lifts up to 700 lbs., and is easier to lift individuals. Stryker is the largest company making stretchers and assists EMTs/Paramedics in preventing back injuries because of the ease of use. Demonstration consisted of raising and lowering a patient on the currently used stretcher vs. the Stryker model, as well as the ease in lifting when positioning stretcher in ambulance. Approximately 5,000 calls can be attributed on a battery and it takes approximately one hour to charge. The cost is $11,000. Chief Johnson explained that there are sufficient funds available to purchase this model per Warrant Article as approved at Town Meeting within the ambulance/supplies purchase.

Board related that it would address purchase of Stryker later in meeting tonight.

NEW BUSINESS
ACTION ITEMS

1. WWTP Septage De-Watering Operation – Recommendation

Ron Vien noted that the septage de-watering operation has increased in cost and recommended that Town do away with the de-watering operation for accepting bio-solids. He explained that currently it is disposed of inside the fence as a Class B product and outside the fence as a Class A. The competition with power plants has increased the cost of wood chips and pellets. The problem is getting rid of the Class A bio-solids. “I foresee that it would be the best proposition to stop it now.” (LK) What do you have to do to get rid of it? Mr. Vien noted that it could be stopped this year using the inside of the fence. If we go beyond 2008, we will have difficulty getting rid of it. It is really not worth it.

(DM) Motion we approve Ron Vien recommendation to discontinue septage de-watering operation and let contract expire as of December 31, 2008.
(LS) Second. After Discussion: Carried 4-0.

(EV) suggested discussion with DES. (DM) It would just be the de-watering part of the operation. (EV) So it would have no effect on the other part? Mr. Vien, “No.”

2. SDS August 20, 2008 Letter Regarding Septage Pre-treatment

Mr. Vien explained that SDS would be coming in with a proposal for Board’s acceptance. “I do not know exactly what it entails. I will have to see their proposal first before I can make any recommendations.” Board discussed various suggestions on how to handle this matter. It was agreed that Ron would put together a letter explaining the de-watering and that Town is still open to any proposals from the industry.

2 a. WWTP Request for Hiring Temporary Personnel

(LK) Ron has requested the hiring of a temporary person for three months at $11.00 per hour. “Have you interviewed him?” Mr. Vien, “Yes.”

(LS) Motion to approve hiring of Todd Stevens on a temporary basis (three months) at $11.00 per hour per recommendation of Ron Vien.
(DM) Second. Carried 4-0.

Public Input from Al Rathbun, 15 Main Street, noted that the sidewalk in front of his property is deteriorating with rebar sticking out. He noted he has cut out part of the rebar so that people will not trip on it. (LK) suggested he come in and discuss with (LKe). He explained that he had noted Sidewalk Improvement Plan on the Agenda and thought they would be discussing it tonight. (LK) explained that Board was looking into the sidewalk issue in several areas.

Mr. Rathbun advised Board that he noted to the Board that the Veterans Tax Credit had been increased. He related that there have been increases across the State to $500 and he would like to see the next generation benefit from this. “In some towns, they are already receiving the $500 Veterans Tax Credit.”

3. Rite Aid Charge Application

(LKe) explained that this would be in relation to Welfare participants.
(EV) Would there be a limit on the card? (LK) The maximum would probably be about $2,500 a year. (EV) noted that Rite Aid charges higher than other pharmacies. (LS) Yes, but it is the convenience of it.
(LK) explained that they are currently using slips, which are hand-carried to Rite Aid, but Rite Aid has requested the use of a card instead.
(LKe) explained they you can have three people authorized to use card.

(DM) Motion to have (LK) find out details about the card for Rite-Aid and sign up accordingly. (LS) Second. Carried 3-1 (EV).

3 a. Ambulance Stretcher Purchase (Stryker)

(EV) Motion to approve purchase of Stryker power unit stretcher for $11,000 per the approved Warrant Article at the 2008 Town Meeting.
(LS) Second. Carried 4-0.

4. Letter of Claim in Bankruptcy – Diamond Glass, Inc.

(LKe) noted that this is a class action Court suit though we have no claims to make with this company. Someone should be authorized to sign and returned to Court.

(LS) Motion to authorize (LK) to sign bankruptcy claim for Diamond Glass, Inc. to be returned to Court noting that Town had no claims to make with this company. (EV) Second. Carried 4-0.

5. Interpretation of Vacation Provision – PD

(LKe) Again, this is a situation not anticipated in Union negotiations and has fallen between the cracks. This matter was not well represented by the Teamsters. (LS) noted that there are two separate situations here. I suggest we put together a Memo explaining how vacation time is accrued and send out to all employees. Under the Teamsters contract, since she has been here a year in July, she is eligible to take 40 hours of vacation time and will now be accruing 6.67 hours per month as of August. Deb is currently eligible for 40 hours.

(LS) to prepare Memo. (LKe) to send a letter to Deb advising her that she has 40 hours of earned vacation time as of her anniversary date.

(LS) Motion to approve this Memo. (EV) Second. Carried 4-0.

6. Request for Appointment of Arbitrator, AFT-NH, Mike McLaughlin

Board agreed to table this for now.

7. Dan Aversa – Tax Abatement Request

(LK) recused himself and was seated in the audience. (8:01 P.M.)

(LKe) noted that this situation is relatively simple though it seems a bit more complex. He explained that Town’s appraiser did not catch note on the back of the Planning Board plans that Lot 2-3 was not a buildable lot. Mr. Aversa was charged and tax bills sent out accordingly. Mr. Aversa did not pay attention to the bills and did not pay them. Current use came into play and he did not apply for abatement when he should have. The lot was deeded to the 23 owners in February 2008 and so all taxes are due for this 6-7 year period.

(LKe) noted that Board can determine reasonable value for property and if it is equitable for Board to do abatement. (LS) questioned whether all this information had been submitted to Jeff Waterhouse to review. (LKe) assured her that he had all this information. (LS) “So, he has no different opinion than previously?” (LKe) Jeff Waterhouse has noted that Mr. Aversa was late, late in submitting abatement, but BOS can do whatever it feels would be an equitable solution to this request.

(DM) “He was not fairly assessed. This is not a buildable lot. The plans were there.” (EV) mentioned that this started as a mistake on the assessor’s part and has been compounded. “When is a deed a legal entity, – when it is signed or when it is recorded?” We all agree he clearly did not get it in on time and was charged quite a bit more. Finally, he got time and realized the error. “What do we do with this mess – go by the law?” Clearly this does not meet current land use status. The minimum is 10 acres.

(LS) I would like to suggest that there have been other cases with errors. We need to consider that the deadlines are there for a reason. If we do not hold him to this deadline, it can go on and on. (EV) If he could prove how the letter got here and when, but he does not remember.

(EV) Motion to deny request for tax abatement for Daniel Aversa.
(LS) Second. After Discussion: Carried 3-0.

(LS) We need to be very careful. This does not involve just a few dollars but the amounts are quite significant. I specifically asked him how he sent letter and he noted he might have mailed, might have brought it in, but he can’t remember.

(LK) returned and was seated on Board. (8:11 P.M.)

(LKe) to advise Mr. Aversa noting reason for denial was deadline and citing RSA as noted in Jeff Waterhouse’s letter.

8. Website Link Policy

(LKe) Clayton Wood was in last spring requesting to modify the policy. He has now put it in writing and that is what you have before you. Board requested that he complete this with specifics, which he has done.

(EV) Motion to adopt new Website Link Policy as presented.
(DM) Second. Carried 4-0.

9. Voting Delegate Selection, NHMA Legislative Policy Conference, September 12, 2008.

(LKe) The conference will be Friday, September 12th at 9:00 a.m. LGC establishes the number of delegates to vote on policies. This is not a well- attended conference. They will need authorization from BOS as to who will attend. Board members will consider individuals to attend.

10. Proposed Transfer from Economic Development Fund to General Fund.

(LS) Motion to transfer $4,590 from Economic Development Fund to General Fund to cover expenses. (EV) Second. Carried 4-0.

11. PD Request to Dispose of Bicycles and Surplus Truck by Auction

(EV) Motion to authorize Police Department to take to auction bicycles and surplus truck. (LS) Second. Carried 4-0.

12. Appointment to BCEP Budget Committee – Judith MacLellan

(EV) At the last BCEP meeting, it was noted that there was not a Budget Committee member from Pittsfield. Brenda Butterfield noted that she was putting the farm up for sale and was not interested in doing this and mentioned Judith MacLellan was interested.

(LS) Motion to approve Judith MacLellan to BCEP as Budget Committee representative. (DM) Second. Carried 4-0.

(LK) noted that the proper paperwork should be accomplished.
(EV) reminded (LK) that this is not a Town position. (LKe) to contact her regarding this.

13. Town Hall Office Space Proposal

(EV) Motion to approve the Town Hall Office Space Proposal as written. (DM) Second. Carried 4-0.

(LKe) noted that there will have to be some changes in computers and locks.
14. Electric Heater at Town Hall

(LK) noted that while at Town Hall recently, an electric heater was being used with air conditioning. (EV) I know at work when insurance inspector comes in, that it was noted that no electric heaters would be allowed.
(DM) “Was there just one being used? One person using it for their own personal use – we should request them to remove it.” (LK) I know when Fire Department did safety check, it was noted that plugs were overloaded. (EV) We should get rid of the heaters and if it is cold, adjust the air conditioning. We should ask that person to remove it and see if we cannot make that area more comfortable. Board agreed.

15. Budget

(LKe) That has been added to the Agenda tonight. Board has not yet voted on schedule.

16. Grievance Response

(LS) I have put together a response for Mr. Girard and have addressed several other items.

(LS) Motion to accept grievance response for Mr. Girard dated
September 2, 2008 and to authorize (LS) to sign. (DM) Second.
Carried 4-0. It was noted that a copy of the Minutes would be attached.

17. EDC Grant

(EV) Matt Monahan had noted that there is a matching grant available for $1,500 for EDC.

(EV) Motion to apply for this grant with no direct cost to the Town.
(DM) Second. Carried 4-0.

INFORMATION ITEMS

1. Police Department Arrest Log August 17-23, 2008

(LKe) For Board’s review.

2. Citizen concern for conditions of Gilman house, Tilton Hill Rd.

(LKe) Board has received an unsigned letter. Mike McLaughlin and I have reviewed the letter and he has noted his knowledge about it. Mr. Gilman has three local properties and will be coming in to address BOS. There is some evidence that someone is staying there. (LK) “I agree with Mike, to the best of my knowledge there is water, electric and heat there.” We can table this for now.

3. CAP Invitation to attend Senior Center – September 18, 2008

(LKe) Senior Center has sent BOS invitation to attend Senior Center Celebration Week. As you may remember, I went last year to their breakfast. (EV) suggested that he might be available to attend.

4. Staff Notes of August 26, 2008

(LKe) Handout for the Board to review.

5. Gasoline for Town Vehicles

(LKe) The State has shut off the unit out here. George has researched having an above ground tank within a containment unit of sufficient size to meet regulations. He has a 500-gallon tank, which now contains diesel from the State and is thinking that another 300-gallon tank can be utilized to fit in the same unit. He is researching dealerships that will deliver on an automatic basis and will provide written quotes.

6. Vacancy BOS

(LK) noted that he has received an additional application from another individual. Does Board have any suggestions? (LS) noted that there are not very many applicants. (LK) noted that it was never posted on Channel 24. We should post it on Channel 24 and the Website for another month.
(LS) “I would like to see a larger selection of applicants. To advertise in both places would be a good idea.” Board agreed to have vacancy posted on Channel 24 and Website – deadline will be September 30th.

(LS) also noted that the meeting times for Budget Committee are not correct on Channel 24. (LKe) to notify Clayton.

(LS) Motion to approve advertising on Channel 24 and Website for vacancy on BOS with deadline being September 30th. (DM) Second. Carried 4-0.

(EV) Those individuals who have applied should be notified regarding the extended deadline. By then, we should decide to either select a candidate or continue with a four-person Board.

7. Planning Board/Zoning Board/Building Inspector Memo

Board agreed to discuss in Non-Public Session.

8. Development Guide

(LS) This can be a starting point for us. It is a user-friendly checklist and can be applied for any building in Town.

9. Suggestion Box Letter

Board agreed that letter would be read into Minutes without noting name of author. (LKe) read letter. “….foundation on Depot Street. What a mess. Do something about it.” To be discussed in Non-Public Session.

10. PUC – Public Comment Session

(DM) noted that she had attended the PUC Public Comment Session regarding the proposed increase in water rates of Pennichuck. There were only eight people in attendance including myself. I had a few questions of Pennichuck and asked a few questions on drainage pipes and fire hydrants. A map of the downtown area showing where piping has been replaced was provided. They have invited BOS to tour the facility and if anyone would like to go, please let me know, I can set this up. Board agreed if they were all available to go, meeting would be posted.

(DM) noted that she had attended this meeting in the hopes of acquiring information as to how citizens would like to be represented in this regard, but due to lack of attendance, her goal was not accomplished.

OLD BUSINESS

No.s 1, 2, 4, 5, 6, and 7 – Pending.

9. RSA 79-E Status

(EV) This has been reviewed by Town counsel. We have to vote.

(LS) Motion to approve RSA 79E as proposed. (DM) Second.
Carried 4-0.

10. Tax Lien Properties

(LKe) Liz Hast will be before Board on September 16th, 6:30 P.M. with information on this.

3. Management Analysis for GASB34

(LS) I have had a recent conversation with Greg Colby and he has reiterated his concerns on internal controls. He noted that he has sent samples of this report in mid-July. (LKe) “He did not.” (LS) “We can utilize Auburn’s form and get this thing done or request he resend samples.” (DM) We can request he send them again. (LS) I mentioned that we have Auburn’s form and he said that would be “ideal.”

8. Library Attic Insulation

(EV) I have sent Leslie information about three different grants. She has related that she cannot use any of them. (LKe) noted that they have had an energy audit and had received the estimate of costs from this individual. (LS) They were getting estimates. There is a little bit of money still available. Board noted that they would rather see these things accomplished in this year’s budget as opposed to budgeting for it next year. (LS) noted that with the information she currently has, that she would not vote for it. (LKe) They will have to get three quotes for the library insulation.

APPLICATIONS AND WARRANTS

1. Timber Tax Levy, Tax Map R51, Lot 7

(EV) Motion to approve Timber Tax Levy, Tax Map R51, Lot 7 for $1,453.35. (DM) Second. Carried 4-0.

2. Intent to Cut, Tax Map R10, Lot 8C – Storm Damage Request

(DM) Motion to waive timber yield tax due to storm damage.
(EV) Second.

(DM) Withdraw Motion. (EV) Withdraw Second.

(DM) Motion to approve Intent to Cut Tax Map R10, Lot 8C.
(EV) Second. Carried 4-0.

3. Intent to Cut, Tax Map R11, Lot 7

(DM) Motion to approve Intent to Cut, Tax Map R11, Lot 7. (LK) Second. Carried 4-0.

4. Application for Veterans Property Tax Credit – Lawrence Williams, Sr.

(EV) recused himself and was seated in audience – family.

(DM) Motion to approve Veterans Property Tax Credit for Lawrence Williams, Sr. (LS) Second.

(LS) Does he meet all the criteria? Does he qualify?

(DM) Withdraw Motion to approve Veterans Property Tax Credit for Lawrence Williams, Sr. (LS) Withdraw Second.

Additional clarification will be requested from Cara as to “Does he qualify?”

(EV) returned and was seated on the Board.

CHECKS AND MANIFESTS

(LS) Motion to approve Accounts Payable and Manifests. (DM) Second. Carried 4-0.

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

MINUTES

1. Public Session Minutes of August 26, 2008

(EV) Motion to approve Public Session Minutes of August 26, 2008
(DM) Second. After Discussion: Carried 4-0.

Several changes were noted.

2. Non-Public Session Minutes of August 14, 2008

(EV) Motion to approve Non-Public Session Minutes of August 14, 2008. (DM) Second. Carried 4-0.

PUBLIC INPUT

None.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 9:17 P.M.

Board returned to Public Session at 10:03 P.M.

(DM) Motion to seal Non-Public Session Minutes of September 2, 2008. (LS) Second. Carried 4-0.

(LS) Motion to direct Town Administrator to send letter to Chief Wharem that Dispatch Log of July 24, 2008 be provided to BOS by Friday, September 5, 2008. (EV) Second. Carried 4-0.

(LS) Motion to request Mike McLaughlin to provide required information as requested in August 13, 2008 Memo by September 8, 2008 at 3:00 P.M. Should this information not be provided by then, Mike McLaughlin is requested to appear before Board of Selectman on Wednesday,
September 10, 2008 at 4:00 P.M. (EV) Second. Carried 4-0.

BUDGET

(LS) noted that the numbers are not where we really want them to be.

(LS) I suggest we table the salary and all applicable salary benefit lines and approve the other budget items as proposed with the exception of:

Workers Compensation $28,000
PB/ZBA Secretary 7,500
Legal Notices 400
General Govt. Repairs and Maintenance 500
General Govt. Supplies 500
Highway Repairs & Maintenance 1,000
Police Repairs & Maintenance 500
General Govt.Safety Improvements 250
Insurance Coverage 45,000
NHMA Dues 2,363
CNHRPC 4,579
Memorial Day 750
Tax Anticipation Note 5,000
Oth.General Govt. Equip.Main. 2,000
Postage 5,000

Check with Fire Department l, 800
Check with PD Water Charges
Check with PD Detail Expenditures
Master Plan (LKe to check with Ralph Odell)
General Govt:Police Stn.Repair & Main. Check

(LS) Motion to approve Budget as proposed except for noted changes and hold on Payroll and Benefits. (DM) Second. Carried 4-0.

ADJOURNMENT

(DM) Motion to Adjourn. (EV) Second. Carried 4-0.

Meeting adjourned at 10:45 P.M.

Approved: September 10, 2008

_______________________________ ________________________
Larry Konopka, Chairman Date

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