February 22, 2011 Minutes

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

MEETING MINUTES OF TUESDAY, FEBRUARY 15, 2011

CALL TO ORDER

Call to order at 6:02 P.M., by Ed Vien, Vice-Chairman.

MEMBERS PRESENT

Ed Vien (EV), Vice-Chairman, Fred Hast (FH), Fred Okrent (FO), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

Denise Morin (DM), Chairman and Arthur Morse (AM).

PUBLIC INPUT

Larry Konopka: I would like an update on the chimney cap, is it back on?
EV) Yes. Larry Konopka: How are we making out on updating the Emergency Management Plan? (EV) Central NH Regional Planning Commission and Chief Wharem have begun working on it beginning with the Hazard Mitigation Plan and once that has been completed, will go on to the Emergency Management Plan. (PS) Chief Wharem did review this at the Budget Committee meeting.

Larry Konopka: The Highway garage does not have a generator. The EMP has to be updated so a generator can be acquired. They cannot get the doors open without a generator. (EV) Has anyone looked into a manual opener? I cannot believe they would put in a door like this without another means of opening it. Larry Konopka: I think they need a twenty-foot ladder in order to manually open them and that is dangerous. (EV) We will look into it.

Dan Schroth: I agree with what Larry brought up. The year 2010 was warmer. Do not let us not having the Emergency Management Plan updated screw us up for any grants. (EV) I do not know about that but will look into that also.

Close Public Input

AGENDA REVIEW

(FH) Pennichuck Acquisition; (PS) Board of Selectmen to sign 2011Town Warrant, Updated Information Re: Tax Anticipation Note, Abatement of Taxes – Tap Map U05, Lot 4, Elderly and Disabled Tax Deferral Application – Tax Map R28, Lot 2, Designate March 1, 2011 Agenda for Public Hearing to Accept Gift, Town Hall Flooring (Requested by (FH), Further Confirmation of Current Funeral Expenses for the Indigent, Request from Building Inspector Re: Art Brown’s Trailer.

APPOINTMENTS

6:05 P. M.: Douglas Mackie – Delinquent Taxes

(EV) Referring to delinquent taxes, the Town is looking for an update on delinquent taxes.

Douglas Mackie: I would like to get it caught up this spring. (EV) The Town Administrator would be glad to draw up some kind of agreement with the taxpayer and the Town. Are you willing to work with our Town Administrator? (PS) I do not recollect the total amount due. Are you agreeing to pay all the taxes or just enough…. Mr. Mackie: I need a way to pay it so it is current. I want to hold onto the property. The total amount is about $5,000 for the past three years.
(FH) We would like to have an agreement. The house has now been reassessed at a lower amount. (FH) If you are three years in arrears, the Town can Deed the property. Could you come up with an agreement to pay three years back by September? We do not want your property. (EV) Please make an appointment with the Town Administrator to talk about it. Mr. Mackie: I live on the Cape. (He agreed to contact Town administrator either via E-mail or phone to make arrangements.) (PS) to draw up agreement. (EV) We do not want your property but would be derelict in our duties if we did not pursue this.

PUBLIC HEARING

6:10 P.M.: Petition for Decreasing the Board of Selectmen to Three Members

(EV) Open Public Hearing (6:12 P.M.)

Dan Schroth: I have several items in favor of five-member Board. The first is that you would not have enough experienced people with only three members. The second is that you get better representation – five different people you get five different prospective; third it is hard to run the Town with only three members; and fourth, Selectmen can go unto other things using the experience acquired when on the Board. Fifth, if someone resigns it is easy to appoint replacement. With just three members if other two disagree with each other, it becomes more difficult.

Paul Richardson: I agree with five-member Board. It does away with the chance meeting of two members outside the Town Hall and becoming an issue. If you have two members of a three-member board that do not like each other and do not talk, it makes it difficult for the other person has to do all the deciding. If you have new members, only one has to be experienced.

Heather Brown: I would like to say that tonight is a perfect example of what would happen. You would have two people voting on things and it would be difficult to break ties. Also, with only three selectmen there is always the chance of favoritism with things going on in the community and things not best for the community could slide through. Five members is a good mix of people and classes and better represents the Town. Keep the five-member board.

Bill Elkins: I am in favor of the five-member board. The last three people that have spoken have covered all the bases on this that is why I am in favor of a five- member board.

Dan Schroth: If tonight’s events occurred with a three-member board, we would not be having a Selectman meeting tonight. I would like to see the Board meet once a week and I hope to see that again.

Fred Hast: Explained the circumstances when the suggestion of a five member- board was taken to the Legislature and that at that time he was not in favor of having five members, but the people voted for it. He explained how he came to be Selectman currently including the suggestion that individuals were not chosen immediately because “a better quality of people were being sought.” I have asked why this petition is being filed and the answer I got was “to get rid of people.” It takes five people and I am in favor of a five-member board.

Paul Richardson: How do the rest of the members of Board feel about this?

Ed Vien: Due to the situation during last election, people got into office because there was no one else. They exited early. Within three months, we had two vacancies. This job takes a lot of time and effort. I saw that as a disruptive time.

Fred Hast: The reason two people resigned was one moved out of Town and the other was because of financial and home problems. I have been on a three-member board and one resigned then also.

Fred Okrent: I voted to put the Warrant Article on the agenda not because I would like a three-member board, but because it is up to the people to decide.

Heather Brown: Life is a learning experience. I think anyone that puts in for the position has a good understanding and will try to do their best.

Dan Schroth: The Town has already decided twice on this and this is the third go around. It has been challenged before and maybe this will put it to rest.

Close Public Hearing (6:27 P.M.)

APPOINTMENTS – Continued

6:15 P.M.: Sarah Sadowski – Drug Free Communities Grant

Sarah Sadowski: Thank you for your time. Has the Board had an opportunity to look over our proposal?

(EV) I have a few questions. After discussing with Town Counsel, it has me wondering if it is a good direction to go with it. The issue is once you become a Town employee, a different set of rules come into play and I have not looked at all of them. I need a little more information and time on this decision.

(PS) The Town Attorney has noted that this would require Town Meeting approval. We are so far into the budget process that it would not occur this year and would, therefore, require a special town meeting. Can you confirm/not confirm that you are going to be leaving this position? Ms. Sadowski: Yes, I will be leaving. I have been chosen as Network Reg. Coordinator and will be soon selecting my successor to this position. (FH) noted that he would like to have a little more time to assess this also. The application for the grant is very nicely put together. (FO) I would also need some additional time.

Ms. Sadowski: If we do not go forward with Town proposal, maybe we can go forward with the proposal through PYW. She noted that she has given her two weeks’ notice and will be in her new position by March 1st. “I will be around periodically and will be involved in the hiring process.”

Ms. Sadowski left meeting at 6:35 P.M.

NEW BUSINESS
ACTION ITEMS

1. Request to Modify Welfare Guidelines

(PS) In your packet, you will find information assembled by the Welfare Director relating to funeral costs of individuals who are indigent. (See attached.) It has been determined that the current standard for towns is now $750 instead of $500 which we provide. This is in response to one of the checks that was held that was processed several weeks ago. The Welfare Director is asking that Board change this allowance. (FO) How long has this been in effect? (PS) For at least twenty years. (FH) I know definitely for at least the past seventeen years. (FO) $750 is not unreasonable.

(FO) Motion to approve raising the cremation burial costs in the Welfare Guidelines to $750. (FH) Second. Carried 3-0.

2. Planning Board Recommendation Re: Acceptance of Bailey Drive

(FH) Motion to approve acceptance of Bailey Drive as a Town road.
(FO) Second. Carried 3-0.

3. Conservation Commission Volunteer Interest

(PS) Two individuals have applied to the Conservation Committee. (FH) Do we have any openings on the Conservation Committee? They currently have no alternate. (PS) I will send these to Mark Wallace and ask for their recommendation as to member and alternate choices.

This will be tabled until the next meeting.

4. BCEP Volunteer Interest

(PS) Mark Riel is asking to be appointed to the BCEP. (EV) This is to replace Judith McClellan, Alternate.

(FO) Motion to appoint Mark Riel as Alternate on the BCEP Committee.
(FH) Second. Carried 3-0.

5. Building Inspector Paid Time

(PS) Dan Kramer is present tonight and I will ask him to address issue with Board.
Dan Kramer: I have been selected to attend this government sponsored course in Anniston, Alabama on Environmental Health Training in Emergency Response Awareness Level. (See attached.) This is a week long course to increase the level of emergency preparedness of environmental health practitioners. I am requesting that during the time that I am gone, that the Town pays me my regular pay. It is something that would benefit the Town.

(EV) How were you selected for this? Mr. Kramer: I applied before I began this job. The Town would have no expenses related to this training. I am just asking for my regular pay while I am gone. (EV) How much would you use this in your personal life? Mr. Kramer: Not at all. (FH) Is Allentown paying you?
Mr. Kramer: Yes. I have discussed this with Chief Wharem and he is recommending I attend. He noted that (FH) could fill in while he is gone.

(FO) Motion to approve Dan Kramer receives his regular pay while attending course in Anniston, Alabama on Environmental Health Training in Emergency Response Awareness Level. (EV) Second. Carried 2-0. (FH) Abstain.

12. Request from Building Inspector Re: Art Brown’s Trailer

Dan Kramer: I was approached by someone last week who indicated that they would be willing to help Mr. Brown disassemble the trailer as it is an eyesore. I have spoken to Mr. Brown and he is willing to accept the help. I have offered him two weeks notice to remove any items from trailer. The question is getting a legal document drawn up so there will be no consequences involved.

(EV) This is a private citizen that owns the trailer and a private citizen doing the work, does the Town need to be involved? Mr. Kramer: The Town is “pushing” to have it done. (FH) Mr. Brown is disabled and I have spoken to him about it. (PS) How and where will the materials be disposed? Mr. Kramer: I am not sure yet. I have called Mr. Griggs, Concord Homes, and it usually costs about $7,000 to get rid of things like this. The metal can be sold for scrap. I have no answers to these questions yet. I want to get it all planned out. (PS) Will it be disposed of and will he get paid for it? Who will pay disposal fees? (EV) Are not people stealing scrap metal? I do not want Town to be responsible for disposal costs. (PS) If the Town moves forward on this, the end result would be hiring someone and filing a lien against the property. Though all the Board is in favor of this conceptually, they do not want it to cost money. (FO) This would be a good test case as to the methodology of getting rid of this type of property. Board ultimately agreed that Town would not be involved in this and it would be between individual citizens.

13. Town Hall Flooring

(FH) We had a meeting with Bob Gauthier, State Prison, regarding getting help to do things at the Town Hall. The process would be to remove the carpet. When asked how to acquire their services; his response was “just ask.” He noted that he has plenty of help but would require someone to supervise. (FH) Dan and I measured the rooms and estimate materials would cost about $3,000. The problem would be setting up the time to do it. The rooms are “congested” and we should probably do one room at a time. Mr. Gauthier noted they could work nights and/or weekends and it would probably take about eight days to it. We would like to do it on weekends. We will need transport 3-4 people at a time. (PS) If this project comes to fruition, I would like to add that each of these weekends the computer company would have to come in and un-install computers. (FO) The biggest problem would be the server which is in my office.

(EV) I will open this up to Public Input for comments on this project.

Paul Richardson: The carpet presently goes under the baseboard and they will probably need to remove baseboards to get tile under that.

Larry Konopka: The fiberboard should be removed. It is spongy and moldy and mildewed and if you add ¼ inch plywood to the floor, it will trap it between layers. Remove the fiberboard and use ½ inch plywood rather than ¼ inch. (PS) Larry, when you removed the fiberboard from this room, how was it secured.
Mr. Konopka: With ring nails.

(FO) Motion to approve going forth with replacement of Town Hall flooring utilizing State Prison workers. (EV) Second. Carried 3-0.

6. Tax Anticipation Note – Bank Financing Award

(PS) The updated information warrants recommending Northway Bank, authorization to sign the proposal and document the borrowing of $1.5 M of funds during 2011.

(FO) Motion to approve signing Tax Anticipation Note with Northway Bank as noted for $1.5 M. (FH) Second. Carried 3-0.

7. Transfer from the General Fund to WWTF Escrow

(FH) Motion to approve transfer of $4,075. from the General Fund to WWTF Escrow. (FO) Second. Carried 3-0.

8. Transfer from General Fund to 12 Catamount Escrow

(FO) Motion to approve transfer $450 from the General Fund to 12 Catamount Escrow. (FH) Second. Carried 3-0.

9. Report of Timber Cut/Waiver of Taxes

(FH) Motion to approve Timber Cut Tax Map R26, Lot 8 ($9,308.91) and authorize Chairman to sign. (FO) Second. Carried 3-0.

Board signs Certification $9,308.91.

It is noted that Town paid for repair of Rocky Point Road – $1,096 – which will be deducted from the forest harvest proceeds.

10. Request for Meeting with Selectmen

(PS) This is a request from ServiceLink to meet with the Board. I would suggest, if the Board is agreeable, that a meeting be scheduled after May 2011 with new Board of Selectmen. Board agreed.

11. Recommendation for the Adoption of Fee – RSA 540.1

(PS) Information from the Town Clerk notes that there is a new Bill which provides that a lien may be filed against rental property for unpaid building code violations and requires owners of restricted rental property to designate an agent for service of process. Associated with this is the allowance of a fee which most Towns are using and suggested by Town Clerk to be $15.

(FO) Motion to approve $15 fee for RSA 540.1 regarding rental property owners. (FH) Second. After Discussion: Carried 2-1 (FH).

Discussion: (FH) suggested a $20 fee would be more appropriate. (EV) I would like to stick with the $15 fee.

14. Abatement of Taxes – Tax Map U05, Lot 4

(PS) Richard Boddie has requested an abatement of taxes in the amount of $1,861.02 due to building being removed on April 15, 2010. Mr. Boddie has paid the taxes in full. Because of the removal of the building, he is requesting that taxes only be paid for 15 days.

(FH) We should amend this so that he pays nothing. The assessors did not go inside on this property as well as other buildings and it is costing the Town money. Board agreed that this is what he is requesting and which should be approved.

(EV) Motion to approve requested abatement of $1,861.02 – Tax Map U05, Lot 4. (FO) Second. Carried 3-0.

15. Elderly and Disabled Tax Deferral Application – Tax Map R28, Lot 2

(FH) Motion to approve elderly tax deferral application – Tax Map R28, Lot 2. (FO) Second. Carried 3-0.

16. Designate March 1, 2011 Agenda for Public Hearing to Accept Gift

(FO) Motion to approve March 1, 2011 as Public Hearing date to accept gift to Fire Department. (FH) Second. Carried 3-0.

17. Board of Selectmen to Sign 2011 Town Warrant

Attending members of Board signed Town Warrant 2011 and arrangements will be made for absent Board members to also sign. (See attached.)

18. Updated Information Re: Tax Anticipation Note

See No. 6 above.

19. Town Hall Flooring

See No. 13 above.

20. Further Confirmation of Current Funeral Expenses for Indigent

See No. 1 above.

21. Pennichuck Acquisition

(FH) I have finally gotten hold of Mr. Sansoucy. He has suggested Town wait until Nashua has closed and signed the agreement with Pennichuck and not to pursue eminent domain. He noted that there might other ways to pursue this. I have requested that he discuss with Board and he has agreed to come in May after the new Board is in place. (EV) Inviting him in May to discuss with new Board would be a good idea as it will be another year before Nashua completes the deal with Pennichuck. (FH) agreed he would call Mr. Sansoucy to schedule after new Board in place. He also noted that Mr. Sansoucy suggested we put in a Warrant Article for this purpose for $500. I told him that the budget is already pretty much already in place.

(FH) noted that originally there was $50,000 in this fund, but now only $2,200 remains. He discussed with Cara and she noted that this fund has been used to pay legal fees. “Why are we robbing Peter to pay Paul?” (EV) noted he would discuss with Cara.

INFORMATION ITEMS

None.

OLD BUSINESS

1. Bids for Town Hall Window Frame Rehabilitation

(PS) Continuing to work on this. We will probably pursue later when the weather gets warmer and try to utilize the “free labor.”

2. Settlement Agreement/Assessment Appear Map U04, Lots 81 & 19 and
U03, Lot 75

(PS) Board requested assessments for the year 2008 for comparison purposes.

(FO) Motion to accept settlement agreement for RKD Properties, LLC
Tax Map U04, Lot 18 & 19, and U03, Lot 75, BTLA Docket No. 25092-09PT dated January 5, 2011. (FH) Second. Carried 3-0.

3. General Assessing Service Contract for 2011-Cross Country
Appraisal Group

(PS) I have discussed the contract with Jeff Earls, President noting that Town would like a one year general assessing contract which should be revised to define and include those items as noted by the DRA. Mr. Earls noted he would get the information and I will follow-up with them.

APPLICATIONS AND WARRANTS

None.

CHECKS AND MANIFESTS

(FO) Motion to approve Payroll and Direct Deposit. (FH) Second. Carried 3-0.

(FO) Motion to approve Accounts Payable and Checks Manifest. (FH) Second.

Discussion:

(FH) Noted on one of the voucher attachments is added “individual is not qualified but pressed by Police Chief.” I asked Chief Wharem and he is unfamiliar with this. It is not in our guidelines to pay for day care. Daycare is usually provided by Dept. of Health and Human Services.

(FO) Motion to amend approval of Accounts Payable to hold Check No. 13230. (FH) Second to amend Motion to hold Check No. 13230. Carried 3-0.

MINUTES

1. Public Session Minutes of February 1, 2011

(FH) Motion to approve Public Session Minutes of February 1, 2011 with corrections. (FO) Second. Carried 3-0.

Corrections:

Page 5, Paragraph 3, Line 5 should read: as a command vehicle.
Page 5, Paragraph 3, Line 8 should read: command vehicle to control fire fighting.
Page 7, Paragraph 5, Line 5 should read: …to pave it and it is able to
accommodate 9 vehicles. It can
eventually hold 16 vehicles.
Page 9, Paragraph 5, Line 3 should read: responsibility and liability falls on Town.

2. Non-Public Session Minutes of January 18, 2011.

Recording Secretary unsure whether these Minutes had been approved previously will check and advise Board accordingly.

PUBLIC INPUT

Maurice Wells: What did we transfer from the General Fund to the WWTP?
(EV) The amount is $4,075. (PS) That is Phase II of contract executed and transfers funds to the escrow account due for the current construction.

Mr. Wells: What about Bailey Drive, you guys accept that? Don’t voters have a say? (EV) No, it can be accepted two ways and this Board has accepted it as a Town road. Mr. Wells: It is advisable to put it before the voters. Have we billed Dan Aversa for plowing? (EV) I do not believe so. Mr. Wells: Have we billed anyone? (EV) No. Mr. Wells: How come? (EV) I believe because George thought we had accepted the road already. Mr. Wells: The small dump truck, I hear it was in Concord. (FH) It is up in Maine at Fairchild’s. Mr. Wells: You are going to have a Warrant Article for $15,000. You do not have one yet? It does not make sense. (FH) If you take $15,000 a year in ten years you will need to replace it and you will have sufficient funds. Mr. Wells: What kind of truck are we getting? (FH) A 2 ½ ton truck. Mr. Wells: I am told that 350-450-550 all have the same chassis; they just build up the springs.

Mr. Wells: There is a used generator down at the Town garage. (FH) Yes, but it is not big enough. (EV) I still can’t believe they would install a door that is not able to be operated manually. (FH) I think they can but the door is 14 ft. high.

Paul Richardson: On the small dump truck, the deposit has been made and the fees have been paid? (FH) Yes. (EV) You are right; they have missed the delivery date and have not offered any abatement and we are unable to use the vehicle. The next time the bid comes up, we can do something about that. Mr. Richardson: My main question is that I read Barnstead is looking to have the Sheriff Department police the town and they noted that Pittsfield has a holding cell. Is that true?
(EV) No, it is not. We do not have a holding cell.

Bryan Mikah: I have applied to the Conservative Committee as an Alternate. (EV) Since we had two requests, we sent them back to the Conservation Committee for their recommendations. Mr. Mikah related that he moved to Pittsfield this past summer with two degrees in Forestry, has worked for a sawmill, State of NH, Greencurl and is a licensed forester. He related that he has been in the industry for ten years and resided in Pittsfield about six months. He was recently laid off and felt it was a good time to start working in local politics and that is why he applied for the Alternate position. Board decided that since he has voiced his request to be an Alternate, they would approve him.

(FH) Motion to appoint Bryan Mikah as Alternate to Conservation Committee. (FO) Second. Carried 3-0.

Heather Brown: At the Budget Committee meeting they discussed the generator at the Highway Garage and that it was not sufficient to open/close the doors. Is that the same one you are talking about? (EV) Yes, it was the one that was from the Pittsfield Weaving and used to run the whole factory in an emergency situation, but they still should have a manual way to open the doors. Ms. Brown: Regarding the Pennichuck account, the money that was used for legal fees, you commented that should be out of the legal fees account… (FH) That is just my opinion.
Ms. Brown: If that is the case, will the money be replaced from the legal fees account? (EV) The Board will look into that. Ms. Brown: If you find that to be so, will you possibly replace the funds? (FH) That is a done deal.

Larry Konopka: Have there been any requests for training pertaining to the NA meetings? Part of the $10,000 was for training. There are Saturday night meetings at the Community Center and we are in desperate need to have the rental of $240 a year met. I have paid for some of the meetings in the past. There is money in the fund to cover that.

(FH) Motion to authorize $240 from the fund for rental of the Community Center for NA meetings. (FO) Second. Carried 3-0.

(FH) The grant, is it part of that program? Mr. Konopka: I am not sure.

Close Public Input 8:17 P.M.

NON-PUBLIC SESSION

(FO) Motion to go into Non-Public Session per RSA 91-A:3II (c). (FH) Second. Carried 3-0. Individual members of the Board were polled and all agreed.
(8:20 P.M.)

Board went into Non-Public Session at 8:22 P.m. after a very brief break.

Board returned to Public Session at 8:24 P.M.

(FO) Motion to seal Non-Public Session of February 15, 2011. (EV) Second. Carried 3-0.

GENERAL DISCUSSION

Board questioned the check for $366 for food at the Charrette meeting and it was noted that the EDC would be responsible for that.

(FH) The fund that was specifically for Pennichuck – it’s not right that it was used for legal fees. (PS) In the past, the decision was made that legal fees would be charged to that account. (FH) Maybe we can do for $5,000 what we were going to do for $50,000. That is one asset Town should have.

ADJOURNMENT

(FO) Motion to adjourn. (EV) Second. Carried 3-0.

Meeting adjourned at 8:30 P.M.

Approved: March 1, 2011

_______________________________ ___________________
Ed Vien, Vice-Chairman Date

I hereby certify that these Minutes were recorded by me on February 15, 2011, transcribed and publicly posted on February 22, 2011.

___________________________________________
Delores A. Fritz, Recording Secretary

II Tapes