September 4, 2012 Minutes

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

MEETING MINUTES OF TUESDAY, SEPTEMBER 4, 2012

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,
Paul Rogers (PR), Eric Nilsson (EN), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

Gerard LeDuc (GL)

PUBLIC INPUT

Larry Berube: Last meeting I discussed the sideway issue at 30-32 Main Street and it was a “bicyclist” not a skateboarder that made it difficult to maneuver because of the items in front of the restaurant. Also, when I had my restaurant there was a Sidewalk Ordinance. I would still like to have this addressed and it has not been. The items in front of the restaurant should be removed for public safety.

Regarding 30 Main Street, Selectman is Property Manager and he should recuse himself. Anyone with valid interests should be recused. Does power have privilege, not according to my attorney? Also, there are (were) duel businesses at 30 Main Street and did they go for a Change of Use? Why did the Property Manager let this happen? What about when the junk store was there and this was not done. Does he just blow things off? They also need to comply with the American Disabilities Act.

The comments by the Fire Chief last week was just a stall factor when he was referring to the 2003 Ordinance and the now use of 2009 Ordinance. It still needed to comply when those Ordinances were in effect. They should have been closed immediately. I really would like to know and do not want to wait forever. Look at the Sidewalk Ordinance.

Dan Schroth: When I was a selectman, I had to try to be “squeaky” clean.

I would like to address assessments. When will they be coming due? (PS) Maybe soon, the current assessor is working to make a determination if revaluation is necessary. Dan Schroth: You guys need to push on that. The Jenness Pond properties are assessed for $450,000 and are selling for $350,000. I know the overall value of the Town will decline and the tax rate will go up. What we can do is not increase the tax rate by increasing the budget. We should have a part-time Fire Chief. We cannot afford a full-time Fire Chief. We cannot increase the budget. I had to do what I did as far as jobs to get paid.

Just want to notify you that we will be working at Rocky Point soon to get rocks.

Nick Abell: Just as an information item, we have a lot more to worry about than if the Canine car is painted.

Also, I was coming home from Epsom and on the corner of Quail Ridge Road and Dowboro Road – it seems to be a dumping ground.

Ted Mitchell: On Quail Ridge Road that has been there for months and months. Someone thinks it is a storage area. I would appreciate it if the Town got all the ballots on the Website in the future.

Joey Darrah: The Canine vehicle was a contribution by the Police Association and it would cost about $6-7,000 to get a paint job. It is pretty expensive and that is why it was not done.

Adam Gauthier: Didn’t we have a black cruiser before? Why not paint this one black?

Mike Wolfe: Why paint a new car? Would the car be more effective if it was a different color?

Larry Berube: Town has a Loitering and Sidewalk Ordinance. Can anyone sit on any bench on Town property? Is this considered loitering? Can they tell you to move?

AGENDA REVIEW

(LK) Security Town Hall; (PS) Update on Interim Fire Chief Position Vis-à-vis the Full time Fire Chief Position as Approved at the Town Meeting of 2006, Update on AHG Subdivision, Information Re: Fire Alarm Removal, Authorization Letter to DES Re: South Main Street Pump Station.

APPOINTMENTS

6:00 P.M. – Ross Morse:

Ross Morse: There was a request submitted for the use of Dustin Park on behalf of the School District. To date, I have not heard and there are several questions that need to be answered regarding signage, times of use, and a possible pig roast. I would like to know who would be the point of contact. Board related that this would be through Parks and Recreation, Nick Abell. Nick Abell noted that there would be a meeting of Parks and Recreation on Monday.

6:05 P.M. – Fire Chief John DeSilva Re: Municipal Fire Alarm System/Fire
Station Roof. (6:13 P.M.)

Fire Chief John DeSilva and Lenny Deane appeared for appointment.

Fire Department Roof

Fire Chief DeSilva: Jesse Pacheco has written up some requirements for roof replacements which would include two quotes. One for 30 year asphalt Architectural Shingles and the other for 30 year Three-Tab Shingles. (See Attached.) These will be sent out to bid and will be sealed bids. The Board further discussed the posting time requirement, the means of acquiring the bids, posting on Website, and bids acceptance.

(EN) The only thing I would add would be on Item 6 – the gutters should have some kind of leaf guard which should be done at this time so we do not have to do it in the future. Chief DeSilva: Maybe some type of heat tape for the ice?
(EN) Yes.

(LS) Motion to approve acquiring bids for Fire Department roof to include a duel bid for the two types of shingles. (PR) Second.

Prior to vote on Motion, an addendum was added to include contact information (Fire Chief DeSilva) and the heat tape/leaf guard. (LS) Addendum to Motion as noted. (PR) Second. Carried 4-0.

Mold Testing

Fire Chief DeSilva: I would like to thank Larry Berube for doing the mold samples and we should have results of that by Thursday.

Town Meeting 2012 Warrant Article 16 – Removal of Municipal Fire
Alarm System

Fire Chief DeSilva: I have provided the scope of work to be accomplished for the removal of municipal fire alarm system. (See Attached.) This also will require two quotes. *One to remove the system and its components for salvage rights, and the other to remove the system and its components and the Town retaining the salvage rights. This should be made clear that replacement will include Town Hall and the Police Department at approximately $600 each. There are currently about thirteen (13) boxes in Town. Lenny Deane: It is difficult to determine the actual ownership of the boxes as there are no clear records. It was originally thought that this process would be somewhat of a “cash cow” but that is not the case. The boxes are worth approximately $25. The digitizer is worth some money.

Board agreed they would send this out to bid and would require the bid to include both quotes (*see above.)

(LS) Motion to approve acquiring bids for the two processes for removal of the Municipal Fire Alarm System. (EN) Second. Carried 4-0.

Library

Fire Chief DeSilva: For some reason the stairs on the plans for the basement were removed. It will be looked into to determine for stairs can be inserted as previously planned.

Cisterns

Fire Chief DeSilva: The Town is 100% responsible for cisterns. They contain about 30,000 gallons each and are tested twice a year.

30 Main Street

Fire Chief DeSilva: I have done the evaluation and am in the process of writing up the report. It should be done soon.

6:10 P.M. Ted Mitchell Re: Town Hall Landscaping Plans (6:30 P.M.)

Ted Mitchell: He explained his plans for landscaping the Town Hall property
(See Attached.) Board thanked him for his efforts and time. (LK) If you have any questions, you can work with Town Administrator.

(PR) Motion to approve Town Hall Landscaping Plans as presented by Ted Mitchell with the Town employees taking plants to be removed. (LS) Second. Carried 4-0.

NEW BUSINESS
ACTION ITEMS

1. Board of Selectmen Duties/Elections

(LK) I have checked with Erica regarding information and a member (s) Board of Selectmen need to be present during the voting times.

Schedule:

Larry Konopka: 7:00 A.M. to 11:00 A.M.
Linda Small: 11:00 A.M. to 2:00 P.M.
Gerard LeDuc: Candidate
Eric Nilsson: 2:00 P.M. to 7:00 P.M.
Paul Rogers: Out of Town

(LK) I will check with Gerard on his availability to determine the time he is available and will advise. (Gerard LeDuc is a candidate.)

2. E-Mail from Roza Benoit Re: Library Basement

(PS) I have received an E-Mail from Roza seeking some answers to questions about the basement and the downstairs.

(LK) We need to get some quotes for the addition of a second means of egress. For now, maybe they could move the downstairs functions to the upstairs area. (LS) This was really the first time the issue of egress was brought to the Board’s attention. It is a shame that the stairs were pulled out during the construction. (EN) We can contact them and find out what and why they did this. (See Attached.)

(PS) Roza is specifically asking about the Children’s Library looking for a “grace period”. (See Attached.) The Board has said that there is to be no public in the downstairs area. It should be the response that safety is the first obligation.
(PS) to advise.

3. Capitol Alarm System Quote

(PS) We now have the second half of the proposal from Capitol Alarm Systems for the security system for the lower level of the Town Hall. (EN) Do we have to go through them? (PS) We are under contract with them. (EN) They want $288 for the downstairs for yearly monitoring? (PS) It is a separate system. (EN) I would like to look into it a little bit more. (LS) The purpose is more security upstairs. Are there any other alternatives? (EN) We could put in a wireless keypad and a crash bar on the basement door. (EN) to check further and also check with Fire Chief.

Nick Abell: You are doing the same thing as at the Library with no second means of egress. (EN) There are two exits downstairs.

+ (PR) Motion to have (LK) and (LS) work together on the Security System for Town Hall. (LS) Second. Carried 4-0.

4. Authorization Letter to DES Re: South Main Street Pump Station

(PS) This is the authorization letter to be signed by the Chair for the DES approval for replacement of the South Main Street Pump Station.

(LS) Motion to approve awarding bid to Apex Construction for the replacement of South Main Street Pump Station and authorize Chair to sign letter to DES.
(EN) Second. Carried 4-0.

5. Set Date for Joint Meeting of Board of Selectmen, Budget Committee and Department Heads. (Suggested Date: Wednesday, 9/19/12)

Board agreed on date of September 19th for joint meeting at 7:00 P.M.
(PS) Department Heads have questioned why meeting necessary and I have advised them that it would be so that everyone can gain a better understanding of the approaching 2013 Budget. (PS) to advise all parties.

+ See above under Capitol Alarm System Quote (6:55 P.M.)

6. Update on Interim Fire Chief Position Vis-à-vis the Full Time Fire Chief Position as Approved at the Town Meeting of 2006 (Verbal)

(PS) The meeting tapes have been reviewed by Cara and Dee and the tapes are too garbled to transcribe. I am still looking for the committee report by the Fire Wardens that was done at that time, but is still missing. (PS) to continue to check for this report.

7. Update on AHG Subdivision

(PS) Board requested I contact CNHRPC, Matt Monahan to review the AHG Subdivision records as there has been discussion by the Planning Board members on a continued basis. The Planning Board wants to make sure that “all the T’s have been crossed and all the I’s dotted.” Matt has been working with another individual at AHG and they have almost completed the task and will meet with Clayton Wood, Chairman and advise us accordingly. (EN) I have been in contact with Matt Monahan and have been advised of what he needs, which I will discuss with Dee to research.

INFORMATION ITEMS

1. West Nile Virus

(PS) Chairman Konopka has requested that Town generate some information on the West Nile Virus that can be dispersed to the public on the Website. I was able to access some information from the DES Website and I will work with the

Website Committee to establish a link to the DES Website. (LK) We should post it on the Bulletin Board and at the Post Office. (PS) Other towns have been spraying but it has been used in intensive recreation areas. (LK) Paul, could you get the price for spraying also. (PS) to do.

2. Estimate for Painting K-9 Vehicle

(PS) In your packet of information there is an estimate from Banks Collision Center for painting (lettering) the K-9 vehicle. (LK) Why aren’t there three quotes? (EN) Isn’t that the common practice? (PS) Yes. (LK) I would like to see three quotes. This quote is high ($6,076.75). (PS) I do not know how you would like to approach this. The vehicle should carry some identification. The other option would be to not operate it until it carries proper identification. The Pittsfield Police Association is not in a position to front the costs for the painting. People do not know the purpose of the vehicle. (LS) Did the Town agree to acceptance of the vehicle without lettering? (PS) Yes. (LS) As I have previously noted, I will not support anything that encompasses costs to the Town. (EN) Can we table this until our next meeting? Board agreed.

APPOINTMENTS – Continued

7:30 P.M. Merrill Vaughan: Re: Permit Fee Waivers (7:07 P.M.)

(LK) Merrill, we got your letter. Merrill Vaughan: The permits are for renovations to the building. It is difficult because of the egress situation. Home Depot has agreed to do it for us. (See Attached.) Permit fees would be $135 for which we are asking for a Waiver. (EN) The bathroom, will it be fully handicapped. Merrill Vaughan: Yes. (PR) Will the stairs to the lower level still be there? Merrill Vaughan: Yes.

(EN) Motion to waive Building Permit fees in the amount of $135 for American Legion Peterson-Cram Post for renovations. (LS) Second. Carried 4-0.

(PS) to send letter.

OLD BUSINESS

1. Administrative Plan for Budget Stabilization

(PS) I am working on the cost savings pertaining to shift changes.

2. Policy for Access to Town Property Pending

3. Policy for Recruitment/ Employment to be Revised Pending
4. Policy for Employee Total Compensation Pending
5. Tax Collector/Action by Selectmen Re: Tax Deed Waivers
(Halted Until Tax Lien Notifications are Reconciled)

(PS) The situation is that Erica needs to reconcile all tax lien notifications for the past four to five years to determine if they have been done properly. The Board should not try to sell any properties until that is done. Erica and Cara have been working on this. (PS) to provide (EN) with current copy of Policy for Access to Town Property.

(PS) Also, we will begin advertising in The Sun and on the Website for Deputy Town Clerk/Tax Collector. The Deputy Town Clerk/Tax Collector must be a resident of Pittsfield.

OTHER:

(LS) The Board of Selectmen is responsible for posting the Warrant for election purposes. Has that been done? (PS) to check.

APPLICATIONS and WARRANTS

1. Veteran Service Disability Tax Credit Application Tax Map R27,Lot 3

(LS) Motion to approve Veteran Service Disability Tax Credit Application for Tax Map R27, Lot 3. (PR) Second. Carried 4-0.

(PS) Just for clarification this is for total and permanent disability credit.

2. Veteran’s Service Disability Tax Credit Application Tax Map
Tax Map R41, Lot 7-3

(PS) This is for the same type of situation.

(PR) Motion to approve Veteran Service Disability Tax Credit Application for Tax Map R41, Lot 7-3. (LS) Second. Carried 4-0.

3. Intent to Cut Tax Map R50, Lot 6

(PR) Motion to approve Intent to Cut Tax Map R50, Lot 6. (LS) Second.
Carried 4-0.

4. Timber Tax Levy Tax Map R25, Lot 1

(LS) Motion to approve Timber Tax Levy Tax Map R25, Lot 1 for $31.93.
(EN) Second. Carried 4-0.

MINUTES

1. Public Session August 21, 2012

(LS) Motion to approve Public Session Minutes of August 21, 2012 with corrections. (EN) Second. After Corrections Noted: Carried 4-0.

Corrections:

(PR) Just for the record though it is not a correction, I have never had table and chairs on the sidewalk at the restaurant.

Page 10, Under Public Input, 1st Paragraph, Line 6 should read: being done. The Library is a different circumstance and the main factor is the lack of egress and it was for this reason that the Library Children’s Room was closed.
Page 10, Under Public Input, 1st Paragraph, Line 11, last sentence should read: It is really the issue of egress.
Page 10, Under Public Input 2nd Paragraph, Line 5 should read: (LK) It came across this Board because last year it was done and I was not for it. If something like that is done, it would have to be with more definition. It was enforced by businesses not by the Town. (LS) This is a policy? (LK) It was not enforced by the Town. (LS) Then they really should not be doing it. …………

2. Non-Public Session Minutes of August 21, 2012

(LS) Motion to approve Non-Public Session Minutes of August 21, 2012.
(EN) Second. Carried 4-0.

CHECKS and MANIFESTS

(LS) Motion to approve Accounts Payable and Checks Manifest. (PR) Second. Carried 4-0.

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

PUBLIC INPUT

Adam Gauthier: A few months back it was suggested bringing in Liz Hast if shorthanded in that office. Maybe she could help out. (PS) Nancy has been gone about a month. We would have to check with Erica if she has asked her. Possibly she could not do it because of her time constraints. (LS) I know she has been in a few days.

Adam Gauthier: If we get three bids for the alarm system, can we reject them and then have Allenstown submit a proposal. (PS) That is a possibility.

Adam Gauthier: The Children’s Library, do they meet every day? (PS) I do not believe so. Adam Gauthier: Would she be able to use this room for some of the functions? (LK) We could ask her. (LS) It would probably be inconvenient but doable.

Nick Abell: Regarding the K-9 car, I agree with Linda. The Town agreed to it and as a taxpayer, we should not have to pay to have it painted. It is what it is. The Ford Explorer is unmarked. (LS) That is a little different story.

Joey Darrah: What is the Board’s main concern regarding the K-9 vehicle?
(LS) There is no main concern. We are just discussing it. Joey Darrah: I have been very involved in it. The car has a sign in the back window indicating it is a K-9 car. I have several brothers that are police officers in other towns. A lot of towns allow officers to take home cars. Having one person take care of the vehicle and drive it regularly is better for the car. Every town has more than one unmarked vehicle. I understand your concerns, but the officer operating the K-9 vehicle and having the dog has done well to raise the money for the canine. It is a positive asset to the Town and promotes a good relationship with the State Police as well as other towns. (LS) We are just discussing what the Town should do. Joey Darrah: By just parking the vehicle it would not allow the officer to do his job. (LS) We are just discussing it right now. Joey Darrah: The program was very expensive and the reason it was not painted with the seal is that it would cost about $6,000 more. (PS) The previous Board approved acceptance of the vehicle knowing that it would not be lettered. (LS) We are very appreciative to the Police Association. Joey Darrah: I am involved with the Police Association and all members of the Police Association are police officers. The Canine Department at the Police Association is a separate entity. The main objective of the Old Home Day Parade was so that people could observe the Canine car.

Larry Berube: I agree with Linda, just throw a sticker on it.

I have a comment, Paul was talking about table and chairs in front of the restaurant but now there are benches and other things there now. We have the Sidewalk Ordinance and tomorrow I am going to ask the Police Chief to enforce it.

Larry Berube: Parking on Elm Street, couldn’t we block off the two end parking spots for safety reasons. Because of lack of the view, everyone does a rolling stop there. The flag being on the corner does not help.

Also, at 30 Main Street, they did not ever apply for change of use. At 32 Main Street, it was run as a junk store. I will be at the Police Department and Fire Department tomorrow. (LK) We are waiting for the Police Department to give us a report on it. Larry Berube: I am going down to the Police Department to tell them to have him remove the flag. (LK) We are still waiting for the report to come in. Larry Berube: How long is that going to take? (PS) I talked to the Police Chief today and he mentioned he was considering the sidewalk situation.

Paul Richardson: Where are the fire extinguishers in case of a fire in this room? Board noted that there was one in the next room. Paul Richardson: At the Library it was recommended about six to eight.

Paul Richardson: Does the Board still have joint meetings with the School on the Budget? (LK) We do not, but I would like to do that. Paul Richardson: Does the School give the Town back surplus monies at the end of the year? I did not think there was a Warrant Article to replace the “membrane” roof at the school but they are doing it. The School has extra money. (PS) The answer to your question is that the Board of Selectmen has asked the School Board if they had surplus monies to not spend it but return it to Town to offset tax rate. A letter was sent to the Chairman and we are waiting for a response. (PR) The School budget is bigger than the Town’s.

Paul Richardson: Is there a policy for accessing Town property? We should have a policy that after hours no one should be here. Town Hall is open during the day and we should not keep anyone out. There is a No Trespassing sign out back.

Adam Gauthier: The School spent $200,000 on the roof and about $50-60,000 on sinks and rugs. Paul Richardson: I know they refinished the gym floor which is done every year. We should what they are budgeting for.

Adam Gauthier: The Capitol Alarm System Company, how long is that contract? (PS) I am not sure. Adam Gauthier: Can we get a cheaper bid? Larry Berube: The company charges too much money. (LK) When the contract ends, we can send it out to bid.

Adam Gauthier: What about the dumpsters? (PS) The contract expires in November and that will be going out to bid.

Close Public Input (7:54 P.M.)

Break 7:55 P.M. Resume at 8:00 P.M.

OTHER

(LS) Paul, we have a Loitering and Sidewalk Ordinance and until someone says otherwise, perhaps you should remove your items from sidewalk. (PR) I am waiting for the Police Department and Fire Chief to send something in writing. I was told as long as the plants were not hanging over the awning it was okay. If Chief says do not do it, I will not do it. I watched Larry Berube watching while Chief measured the area. (LS) We would like this to be enforced. (EN) There are too many “gray areas” in the Ordinance. (LS) If we can improve upon it, great! (LK) I would like Police Chief to write a letter in this regard. (PR) I will talk to Police Chief in the morning. I have hired an attorney to help me deal with this.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 8:04 P.M. Board returned to Public Session at 8:23 P.M.

(EN) Motion to seal Public Session Minutes of September 4, 2012.
(LS) Second. Carried 4-0.

OTHER:

(EN) Motion to authorize Chairman to sign letter requesting Police Chief provides information previously requested concerning departmental matters. (LS) Second. Carried 4-0.

ADJOURNMENT

(LS) Motion to adjourn. (EN) Second. Carried 4-0.

Meeting adjourned at 8:27 P.M.

Approved: September 18, 2012

__________________________ ____________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded on September 4, 2012, transcribed and public posted on
September 11, 2012.

_____________________________________
Delores A. Fritz, Recording Secretary

/daf
II Tapes
Attachments