September 25, 2007 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 SEPTEMBER 25, 2007
CALL TO ORDER
.
Call to order at 6:15 P.M., by Arthur Morse, Chairman.
MEMBERS PRESENT
Arthur Morse (AM), Chairman, Larry Konopka (LK), Vice-Chairman, Linda
Small (LS), Ed Vien (EV), Leon Kenison (LKe), Town Administrator, and
Delores Fritz, Recording Secretary.
MEMBERS ABSENT
John Lenaerts (JL).
PUBLIC INPUT
Maurice Wells wanted to check about the logging operation on Loudon
Road and wanted to know if the BOS had found out if it was “kosher,” and
what happens to the money? (LKe) noted that he had checked with Cara and
she did not know. Mr. Wells noted that several other properties had been cut
previously and that this was the third time that the Loudon Road lot has been
cut and who approved it? (AM) related that the BOS would continue to look
into it.
Mr. Wells also noted that he went by the salt shed and there were three
vehicles parked there all weekend and they do not have the Town seal on
them. He noted that there was a backhoe, pay loader and a two -and-a-half
ton truck and several of the trucks had no Town seals. He noted that h e had
worked for DOT and he thought that this was mandatory.
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AGENDA REVIEW
(LS) Taxi Ordinance; (LKe) Town Membership in Chamber of Commerce,
DES –Dam Fee Letter from Resident, DES – Letter of 9/21/07 Regarding
Pittsfield Dam Repair, Executive Council News Release, Arrest Records –
Two Versions, Tax Deeds, Town Computer Back-Up Drive; (LK) Drug
Awareness and Education Committee Members and Planning
Board/Merrimack Valley Water Committee. Also, a Non-Public issue
regarding RSA 91-A:3 II 2 (a).
APPOINTMENT
6:15 P.M. – Earl Weir, B.C.E.P. Administrator, Informational Meeting
Mr. Weir appeared before the Board in reference to an issue concerning
Weights and Measures rule regarding how waste products are charged and a
minimum weight and charge in connection with the use of vehicle scales,
which cannot be used for under 200 lbs waste drop-offs. He related that
there would be minimum rates, which he is required to charge, and would
drive everyone away. The scales are certified by the same agency and are
accurate up to 20 lb. increments. He related that if they continue to follow
this policy as presented that it may result in loss of revenue of up to
$144,000 and increase property taxes by 28%. He noted that he would like
the BOS to assist him in turning this policy around. If they cannot achieve
any administrative relief in this regard, they would have to go through the
Courts, which would take a relatively long period of time, not to mention the
costs. He would like BOS to send letters to the Legislators to have the rule
changed or be granted a Waiver. He stated that it is noted in RSA 541 -A
how they specifically must follow this rule.
(LKe) noted that the BCEP does have the ability to change it, but it is a
timely process. (AM) suggested and the Board agreed, that (LKe) contact
Jack Barnes in this regards to convey Pittsfield’s concerns and the budgetary
effects that this could have on the Town. Earl noted that he had done an
informal survey and that it is preferred that BCEP continue with the way it is
currently being done. (EV) related that at the district meeting they agreed
unanimously to not let this issue go.
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NEW BUSINESS
1. Town Membership in Chamber of Commerce
(LKe) noted that he had received a flyer from the Chamber of Commerce
promoting membership in which was noted a Showcase of Businesses in
Town on October 10, 2007 in relation to services and products in Pittsfield.
He noted that this would be a good opportunity to provide citizens of
Pittsfield with information as to what staff members actually do. He noted
that this was discussed with staff and they are agreeable. He related that he
is proposing an affiliation with COC.
(LS) Motion to approve membership in Chamber of Commerce and
participate in Showcase of Business. (LK) Second. Carried 3-0.
Prior to the vote, (EV) advised BOS that he is on the Board of the Chamber
of Commerce and if they felt that it was necessary that he recuse himself.
All agreed that it was not necessary. (EV) noted that he just wanted to bring
this to the attention of the BOS prior to the vote.
2. Tax Deeds
(LKe) noted that Liz Hast, as Tax Collector, appeared before the Board
several weeks ago in relation to certain properties in arrears on back
property taxes. He noted that the Tax Collector had called the individual
property owners and the park owner with no success at collection.
These Deeds have been prepared and become officially Town property when
filed with the Registry. There are five properties involved with various
amounts due from approximately $265 to $3200 per individual property
owner. (AM) noted that these are the amounts that need to be paid this year
in order to prevent this from taking place. When we file these with the
Registry, the property becomes ours? (LKe) We do become the owner. If
we foreclose, we must present to the public the sale of the property, accept
the highest bid, collect what is due to the Town, and rebate to current owner
the balance. (AM) questioned whether once these Deeds are recorded at the
Registry, we would then be responsible for the park rent for those properties
involving a mobile home? Since this would happen, we would incur a
greater expense if we had to pay the monthly park fees, which are about
$300 per mobile home.
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(LK) noted that some kind of report as to property contamination should be
done on each one as we could not accept property if it was contaminated.
(AM) noted that residents of these particular properties should be
forewarned that Town is prepared to foreclose, they will be evicted, and the
mobile home will be removed from the park immediately and parked on
Town land. He suggested that we contact Town attorney before anything is
done by Town noting that there are residents involved. (LKe) noted that he
has not yet seen the properties and suggested that perhaps, Mike
McLaughlin, Building Inspector, and he could take a look at them and
possibly take some pictures. It was agreed that this would be a good idea.
3. Town Computer Back-Up Drive
(LKe) noted that the Town computer main drive lost the ability to eject the
back-up tape. It is noted that Seacoast Computer related that it can be
salvaged or we could purchase another unit, which hopefully would be
compatible with any future equipment that is purchased. Cost would be
$650, and there are funds available within the budget for purchase and
installation of a new unit.
(LS) Motion to approve purchase and installation of new unit for Town
computer. (EV) Second. Carried 3-0.
4. Drug Awareness and Education Committee
(LK) Motion to appoint Jim Theodore and Gary Colby to Drug Awareness
and Education Committee. (LS) Second. Carried 3-0.
An update on the Committee was offered by Chief Wharem who related that
the Committee had recently met and many ideas were generated for
promoting drug awareness which included various school programs, dinner
with public participation, various ways to market the Committee programs,
website notices, newspaper, distribution of flyers to kids, DARE officer
distributing and discussion on safety bags for kids at Halloween and a drug
canine presentation. He noted that there were many good ideas and they will
pursue various avenues of these suggestions to get the information out there.
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5. Crimeline Signs
(LK) presented one of the suggested Crimeline Signs and how the words
“Remain Anonymous” could be positioned on the sign, since the signs are
already completed but lack this phase on them. All agreed that it should be
positioned on the bottom, in red, and will be done at no additional cost to
Town.
INFORMATION ITEMS
1. Staff Meeting Notes of September 25, 2007
(LS) questioned the problem with the WWTP rebuilding a manhole.
(LKe) noted that this was covered by insurance.
2. Detail Invoice – Balloon Rally
(LKe) noted that prior to these invoices being mailed, that an explanation as
to the costs were being presented to the BOS. He related that the Fire
Department charges were $589.67 and Police Department detail was
$10,257.50.
(AM) noted that he suggested that a portion of these bills be sent to all the
different organizations not sponsored by the Balloon Rally but who took part
in the event. (LS) related that Rotary should bill them. (AM) related that he
felt this was a terrible error to charge this. If this bill goes through, it could
eliminate any future Balloon Rallies. He related that the Balloon Rally had
been going on for 25 years and they had never been charged for this before.
(LS) noted that she was disappointed that it had gone on for that long and
Rotary was never charged. It was advertised as no cost to the Town. What
is good for the community and social services are not always synonymous.
We could take it to the people to vote on whether the Rotary should pay for
these details. (AM) related that the Rotary did not ask for the fire and police
detail. The school does ask for the detail and are charged accordingly.
(LS) “Whatever has to be done should be done. It is totally a Rotary
function and there should be no expense to the Town.”
(AM) noted that it is offensive. There should be fair warning to the
organization regarding this. (LS) There has been no action in the past by
the BOS on this but it was brought to my attention and I am bringing it to
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the Rotary’s attention. (AM) Town should not be sending this bill. (AM
reviewed the bill for the various services.) (LS) questioned Police Chief
Wharem as to why the police detail were there, who authorized it and who
hired the detail? (AM) asked why some were there for 11 hours? Chief
Wharem related that the issue was never raised before. He hires the detail as
there are about 5,000 people in Town and they are there to protect the
concession stands and visitors. (LS) Again, something that is good for the
Town does not mean it is synonymous with social services. (AM)
questioned why Rotary would be paying detail pay to Town employees who
would be working regular hours anyway? Chief explained that Town police
officers are offered detail pay as it is not fair for them to be doing extra
hours at regular rate, when out-of-town officers are paid detail rates.
(EV read the Town policy to Board.) “The vote has been taken previously.
Do you think it is legal to do this?” Rotary should have been advised prior
to event and for the future.
(LK) questioned whether the Rotary had ever come in for an exemption for
this? Why would we be paying for a non-Town function? He questioned
why officers would get detail pay just because out-of-town officers receive
detail pay? Chief Wharem related that this has been done this way for a long
time and that he would do whatever the BOS wanted him to do.
(AM) related that before we send out this bill, we should know what that bill
entails. (LS) reminded (AM) that he is sitting as a Board member and not a
Rotarian. (AM) related that he felt that could separate his tho ughts in regard
to this matter.
3. Known Housing Standards Units
(LKe) related that he would like to share the report from the HSA Inspector.
He noted that a lot of the rental units were out-of-sequence for inspection. It
was noted that Fred related that this was partially due to record keeping and
that he needs to get caught up on the units not licensed. This is a problem
for Welfare applicants when units become unlicensed and this can be merely
because Inspector has not inspected the unit recently. I nspector needs to get
his schedule updated. (LK) noted that Cara has a good way of putting this
together and (LKe) noted he would check with her.
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4. Taxi Ordinance
(LS) related that she just would like to know where we are with that and how
it was left? Chief Wharem related that it had been sent to Laura Specter for
review and she will make it available whenever the BOS is ready to review
it. At the time it was initially presented, there was a lot going on in regard to
Warrant Articles and local elections and the BOS did not have the time to
thoroughly review it for presentation. (AM) related that there are valid
concerns in connection with this. (LK) noted it would be a good thing to go
forward with it. (LS) suggested (LKe) research this and get back to the
BOS.
5. Planning Board – Merrimack Valley Water District Committee
(LK) noted that John Lenaerts is the representative for this Committee and
had notified him that there is a meeting in October, which he probably will
not be able to attend, and that possibly another member of the BOS could
attend for him. (AM) questioned the date, which is unknown at this point.
(LK) will check on date and if John is not able to attend, will address at
future BOS meeting so attendance can be covered. (AM) related that he is
the alternate for the Planning Board and probably would be attending the
Planning Board meeting October 4th.
After approval of the Minutes, the following matters were discussed:
6. DES – Fee Letter Regarding Dam
(LKe) noted that a response to the resident complaining of the increase in
fees has been sent. DES is willing to talk about a payment schedule though
the fee schedule is regulated by Rules and Regulations, so it is not a “done
deal yet.”
7. DES Letter of September 21, 2007 Regarding Dam Repair
(LKe) noted that Town has been notified that there are dam repairs that are
going to be accomplished and that a “drawing down” will begin in October
of about 12 feet. At this time, any property owners who may want to check
various pipes can do so.
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8. Governor’s Council – September 20, 2007 News Release
(LKe) This is for informational purposes only.
9. Arrest Records
(LKe) noted that there are two different versions of Arrest Records. One is a
typed version, which consumes a great deal of time to generate, and the
other is a computer generated one which is easier to reproduce, though
contains some information that should not be released to the public. Though
it is noted that this can be “blacked out.”
(LS) noted that BOS is more interested in the status of what is happening.
(LK) related that it is important that each BOS knows if something major
happens. After further discussion, it was agreed that Chief Wharem and
(LKe) would work together to generate a new format of the arrest record for
distribution.
10. OTHER:
As an addendum, (LS) wanted to apologize to (AM) that sometimes one uses
strong verbiage in a discussion and that nothing is inferred by the tone and
choice of words. (AM) thanked her and accepted her apology. He wanted
her to know that he does not take things personally and that he can separate
himself from matters that coincide with his position as a Board of Selectman
and a Rotary member.
OLD BUSINESS
1. Contract Service for Emergency Trash Removal
(LKe) noted that no progress on this as of yet.
APPLICATIONS & WARRANTS
1. Notice of Intent to Excavate, Tax Map R-15, Lot 30-1, Pittsfield
Self Storage, LLC
(LKe) noted that this was all in order in reference to gravel, sand and loam.
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(LK) Motion to approve Notice of Intent to Excavate, Tax Map R-15,
Lot 30-1. (LS) Second. Carried 3-0.
(LK) questioned whether MM had seen this. (LKe) to advise him.
CHECKS & MANIFESTS
(LS) Motion to approve Accounts Payable. (LK) Second. Carried 3 -0.
(LS) Motion to approve Payroll. (LK) Second. Carried 3-0.
MINUTES
1. Public Session Minutes of September 18, 2007.
(LS) Motion to approve Public Session Minutes of September 18, 2007.
(LK) Second. Carried 3-0.
2. Non-Public Session Minutes of September 18, 2007.
(LS) noted that she wanted to discuss this and it will be done in non-public
session.
PUBLIC INPUT
Maurice Wells related that the streetlight at Elm and Main has been changed
after quite a few weeks. (LKe) related that there are two or three others that
are identical and we will be working on those also.
Close PUBLIC INPUT
NON-PUBLIC SESSION
(LK) Motion to go into Non-Public session according to RSA 91-A:3, II (a).
(LS) Second. Carried 3-0. The members of the Board were polled
individually and all agreed.
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ADJOURNMENT
The Board adjourned the present Public Session to go into Non-Public
Session at 7:50 P.M.
Approved: October 2, 2007
_________________________ _________________________
Arthur Morse, Chairman Date