November 16, 2010 Minutes

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

MEETING MINUTES OF TUESDAY, NOVEMBER 16, 2010

CALL TO ORDER

Call to order at 6:00 P.M., by Denise Morin, Chairman.

MEMBERS PRESENT

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

MEMBERS ABSENT

None.

PUBLIC INPUT

Dan Schroth: I am here tonight just to observe the new members of the Board.

AGENDA REVIEW

(AM) Meeting Schedule; (FH) Catamount Road Fire; (EV) ATV –Town Properties; (PS) Building Inspector Budget, Representation Letter Re: 2009 Audit, Notice of Award – WWTF, Sewer Abatement Request Tax Map R33, Lot 010-A, E-Mail from John Kidder, Letter dated 11/12/10 from Mayor of Nashua Re: Pittsfield Aqueduct Company, Information from Town Clerk Re: Tax Map R14, Lot 20, and Non-Public Session Re: Union Negotiations.

APPOINTMENTS

6:00 P.M. – Gary Volpe

(PS) Board has requested a Violation Notice be sent to Mr. Volpe regarding the Hazardous Excavation at 36 Main Street. Compliance date was November 12, 2010. Mr. Hast noted that Mr. Volpe wanted to come in and discuss with Board.
Gary Volpe: When the building first burned down, the Building Inspector came down to inspect and noted that everything was okay at that time. Mr. Volpe related that there are several other buildings in Town that do not meet the compliance as noted in the Order and why was he being singled out? (DM) The Board felt that it proposes a hazard, sent you a letter and you chose not to respond. Mr. Volpe: The letter was received the day after the respond date.

(DM) Do you plan on leaving the property like that? Mr. Volpe: No, I am planning on constructing a new building on the site. (DM) Has the new Building Inspector gone out and looked at the property and is the fence adequate? Mr. Volpe: No, the past Building Inspector looked at it. I submitted plans previously, but now that we have a new Building Inspector, I had to resubmit the plans and it has taken longer. (EV) Could you possibly put a fence up so that smaller children could not get under it? Mr. Volpe: What can I do to make you happy?
(EV) Perhaps add a fence with smaller squares and secure it to the existing posts would suffice. Mr. Volpe: So kids can’t go under rather than over. That would be fine with me.

(AM) Is this a complaint generated by this Board so Board has power to make decision on this? Board: “Yes.” (FH) Could you put up a four foot fence with the 2 x 4 squares, (EV) and wire to the existing posts? (FO) Codes say a four inch ball should not be able to get through the holes in the fence. Mr. Volpe: And “No Trespassing” signs also. I will try to get to the fence as soon as possible.
(DM) Within thirty days?

(EV) Motion to not move forward to execute Order for Correction of Hazardous Excavation in lieu of Gary Volpe installing a 2 x 4 inch minimum four foot wire fence attached to the existing fence posts across the property at 36 Main Street within thirty days. (FO) Second. Carried 5-0.

6:10 P.M. – Virginia Chase

Citizen did not appear and will be invited to attend on December 7th.

6:15 P.M. – Dorothy Byers (Property in Name of Langevin)

Ms. Langevin indicated that this is her mother’s property (42 Chestnut Street) and the property has finally been sold with the closing around the first of December at which time back taxes will be taken care of.

(DM) Thank you for coming in to advise us of this.

NEW BUSINESS
ACTION ITEMS

1. Sewer Rate Update Alternatives

(PS) The Board requested at the last meeting to provide other alternatives to increase the rates for the sewer fees. You all have a spreadsheet in your packets that offers some means by which this can be accomplished. The first is a 4% increase each quarter for 2011 and 2012 as opposed to a 3.5% increase for 2011 and 2012. The surplus for 2011 would be about $22K and for 2012 about $25K.

Board further discussed the percentage of increase, deficit resulting, and consumption.

(DM) The rates have not increased since 2006 and an adjustment is in order. I would not want the surplus amounts needed to cover expenditures. (FH) But, if expenditures come up and you have a surplus, it would help defray the costs. I would much rather have a surplus of at least $15,000 as in a $400K budget that is not very much. I would hate to see the rate go up but I think 3 ½ % is a good place to start. We could look at it in 2013 to see where it stands.

(AM) Why is this not an annual thing? (EV) It should be. (FH) This all started when we lost the tannery in Town. (FO) We should keep sight of the fact that if this happens every quarter, it is a compounded increase and perceived by some as a big cost driver. People are not going to be happy and could lower their usage, but it has got to be done. (AM) What is actual annual increase at 4%? (PS) About $81 or less per year. (AM) What is the reason that we would increase it each quarter rather than one yearly increase? (PS) The impact to the user would be less and give them time to make adjustments. (DM) It would be a gradual increase and give the homeowner a time to prepare for the next increase.

(FH) Motion to approve 3 ½% quarterly increases of sewer rates through 2012. (FO) Second. After Discussion: Carried 5-0.

Discussion: (AM) This needs to be done, but why do it this way? Why increase every quarter. I would rather have it all at one time and be done with it. (PS) One consideration concerns people on fixed incomes. By increasing it slowly, it would give them a chance to save on water usage. (EV) If we do this, are we going to send notices to the people? (DM) I would like an explanation sent out with the billing and would like them to have advance notice. People live week to week on their paychecks and would then have an opportunity to prepare for the increase.

(PS) to draft letter to sewer users separately from billing. The increase will not appear until April 2011. (AM) We could put out a press release with an explanation to the people and on the Website instead. Board agreed.

2. Warrant Article for Purchase of Pittsfield Aqueduct Company

(DM) noted that Board would not review this at the present time until opportunity to meet with City Council in Nashua is accomplished. (AM) related that he felt that a great deal of information is needed and Town may still need to address via a Warrant Article. Before it actually changes hands, there are far reaching implications that need to be addressed and we need this information including information concerning eminent domain. We need to wait and find out what is going on. (EV) If they buy the whole company, eminent domain may be null and void. (PS) Technically, the City of Nashua is buying a private water company and they will make a decision as to what they want to do with the other pieces of the company.

(FH) I made a point of telling them “way back when” that we would like our own part back. There has been no meeting scheduled lately. (AM) Nashua may be giving us what they feel they want to. What happens with PUC if it is a municipal company? Can they set the rate without any say by Pittsfield?

Board agreed that a list of questions would be made up and then have Town Counsel have these questions answered as to the ramifications for the Town of Pittsfield. Board agreed they would invite the Nashua team to BOS meeting on December 7th at 5:30 P.M. if they are available.

3. Fair Hearing Board Appointment

(PS) An individual has expressed interest to be a member of the Welfare Fair Hearing Board.

(EV) Motion to approve Peggy Weldon as member of the Welfare Fair Hearing Board. (FO) Second. Carried 5-0.

4. Transfer from Police Cruiser Capital Reserve to General Fund

(EV) Motion to approve transfer of $15,000 from Police Cruiser Capital Reserve Fund to General Fund. (FO) Second. Carried 5-0.

5. Notification from NHRS Re: Leon Kenison

(PS) In your packet of information is a letter from the New Hampshire Retirement System. It is their belief that Leon Kenison when serving as Town Administrator and the Town of Pittsfield was obligated to be enrolled in the NHRS. Town believes this is not one of the benefits the Mr. Kenison received. There is nothing formal in the Minutes to define that. I would strongly recommend that the Board authorize me to prepare an appeal of this action.

(FO) Motion to authorize Town Administrator to prepare an appeal to the NHRS regarding Leon Kenison’s retirement benefits. (EV) Second. After Discussion: Carried 5-0.

Discussion: (FH) I do not know why they feel that way since he had retired from the State at that time. (PS) The NHRS is doggedly reviewing payroll records to assure compliance with the Rules and Regulations to make sure that all payroll records are correct. The NHRS was here recently to do an audit. (AM) Is it up to the Town to notify the NHRS? (PS) That is a gray area. In my situation, I requested and Board approved certain citations regarding this and had NHRS acknowledge my exemption.

(DM) Is it noted in Leon’s contract with the Town? (AM) I believe it was an informal discussion. He noted that he had already retired and it was not a condition of employment. (PS) The NHRS is looking for a formal commitment notice or we should appeal.

11. ATV on Town Properties

(EV) Bill Clark has asked me to address Board on this, but since he is here tonight, I will let him explain.

William E. Clark: I was born in 1927. I have a four-wheeler which I sometimes use to get around as I cannot walk as well as I used. In order to go on private property, I would need written permission by the property owner to use the four-wheeler. This is not something I do every day but once or twice a year. I would be

travelling on Class VI roads and into some of the woods. I have talked to the Town Administrator about this.

(EV) The problem is you are doing it the right way by addressing Board for permission, but there are a lot of others who do it without permission. If it is noted that you are doing, it may encourage others to do it with/without permission by Town. I do not know if we can make a decision on this tonight.

Mr. Clark indicated that he would keep a log of his visits to the woods and if any damage is done by him, he would correct it. He noted that he would also report any other damage that is done even though it was not something he was involved with. He related that he had been a guide in the past. (AM) related that he would give him the permission and if necessary it could be rescinded. I am not willing to “punish” Mr. Clark because he did it the right way. Mr. Clark noted that he does have insurance and would be liable for any damage incurred should there be any. (DM) Let us discuss this and get back to you. (See below for discussion.)

Break at 7:13 P.M. Resume at 7:18 P.M.

6. Welfare Attendance at Pittsfield Community Coalition Meetings

(PS) The Welfare Director is asking permission to attend the Pittsfield Community Coalition Meetings on a regular basis. There is one scheduled for tonight which she has requested to attend and I have given my approval for her attendance. This is approximately an hour meeting every third Tuesday of every month. (EV) I thought it was for a one-time attendance. (DM) I do not see the necessity of it. They deal with many issues and are addressing homelessness now, which would be applicable, but I am not in favor of her attending every meeting. Having her receive E-Mail of the Minutes would probably be sufficient. (AM) We could have Paul talk to her and have her attend those meeting relative to her job and in three or six months, we could address her as to necessity of her attendance. (EV) I do not think it is necessary for her to attend every meeting. (DM) If it pertains to her job and to the community and falls within her “realm,” then yes. (PS) to monitor and make sure that all Welfare appointments are covered and notification on door is available for clients.

7. Overdue Septage Dumping Fee

(PS) A statement has been sent to B & S Septic Service on more than one occasion for septage services in 2009. The question is how to pursue this. Ron has billed them directly. (DM) Why are we getting this so late? (FH) Contract ended on December 31, 2009. (FO) My concern is that this is quite old and no interest has been placed on this. (PS) There is no interest applicable. (AM) Find out why the gap is so long and then send certified letter and if not paid, proceed to Court.

8. LGC Health Insurance Prescription Drug Option

(DM) This will be addressed later in the meeting. (PS) Also in Non-Public Session.

9. Letter Re: Tax Deeded Property Tax Map R14, Lot 20

(PS) As you will note according to the letter from the mediation service, the bank has noted that the taxes and insurance has to be paid off. It is not the practice of this Board to waive interest and/or penalties and I would assume you would like me to communicate with the mediation service to this effect. (DM) Yes.
(AM) Why even respond to the mediation service? (PS) Out of courtesy. Board agreed that (PS) would respond. (EV) Could you also request the closing date of the refinancing? (PS) I will try.

10. BOS Committee Assignments – Pandemic Committee and Citizen of the
Year

(DM) I requested that this be put on the Agenda as Eric Nilsson was the representative of the BOS for these committees. (AM) agreed that he would like to be on the Citizen of the Year Committee. (FO) agreed that he would do the Pandemic Committee, which he has somewhat participated in already.

12. Building Inspector Budget (Fred Hast Submittal)

(FH) I have been working with the Building Inspector 10-12 hours a week. He noted that BI had requested that some of the line items in the Budget be adjusted. The Building Inspector is requesting an increase in hours for a total of 25, Training: $400; Dues & Subscriptions: $200; and Code Books: $650.
(EV) Once he got everything straightened out, I did not think he would have to work so many hours. (FH) He has four houses going up and each of them require at least seven different inspections. Because of the new codes, it takes longer than anticipated. (EV) On the training, I thought Allenstown was going to pay half and Pittsfield the other half. We could try splitting the costs for code books with Allenstown. (PS) He would need a set of code books here. (EV) I could agree with the code books but not necessarily the hours. (FO) explained to Board that code books come out about every three years and can be quite extensive.

(AM) Motion to approve Line 209 (Code Books) for $650. (EV) Second. After Discussion: Motion and Second Withdrawn.

Discussion: (AM) Could we keep the budget low by pre-buying supplies/items out of 2010 budget? (DM) I would not like to see the Building Inspector’s number of hours change. I know that we need code books. (EV) Let us have Paul check and see what he can do with this.

(AM) Withdraw Motion. (EV) Withdraw Second.

13. Representation Letter Re: 2009 Audit

(AM) Motion to approve letter and authorize Chair to sign. (EV) Second. After Discussion: Carried 4-0. (DM) Abstain.

Discussion: (PS) Cara and I have both read letter and approve.

14. Notice of Award – WWTF/Chairman to Sign

(EV) Motion to approve Notice of Award to Apex Construction, Inc. and authorize Chair to sign. (FO) Second. Carried 5-0.

15. Sewer Abatement Request Tax Map R33, Lot 010-1

(PS) This is a request that a portion of the sewer fees be waived as well as an abatement for your consideration. This would be for the third quarter of 2009 as referenced. This would be a refund of $126.94. (AM) I know that we have done this when an accident has occurred with the water use but have not done this when the use was purposeful. (FH) In the past a separate meter has been installed for watering lawns. (AM) This person is not deceiving us but it was an intentional act and should not affect the sewer bill. I would not approve it. (PS) I think we should table this and review with Ron and Cara.

(FO) Motion to table this matter until it can be reviewed with Ron and Cara.
(FH) Second. Carried 5-0.

16. E-Mail from John Kidder – Comments on the 2011 Proposed Budget

(AM) Motion to send letter to John Kidder noting “Thank you for your input.”
(EV) Second. After Discussion: Carried 4-0. (FH) Abstain.

Discussion: (AM) There is really no way to respond to the E-Mail. (DM) This E-Mail was sent to me and this is the first that I have heard of it. In the past, we have paid for training as well as any supplies needed. I am not sure if it was a specific request of his or the Budget Committee’s. They will be meeting tomorrow.

17. Letter dated 11/12/10 – Mayor of Nashua Re: Pittsfield Aqueduct
Company

See No. 2 above.

18. Information from Town Clerk Re: Tax Map R14, Lot 20.

See No. 9 above.

19. Meeting Schedule

(AM) Does the Board meet twice a month or every other week? (PS) The Board meets the first and third Tuesday of the month and the schedule is modified occasionally when necessary such as for Budget review. (AM) I would like to meet on December 28th rather than December 21st. Board agreed December meetings will be on the 7th and 28th.

11. ATV – Town Properties Continued

(FO) In terms of other unauthorized people doing this, what enforcement mechanisms do we have? (EV) I know on the Snowmobile Trail there is a sign at either end posted that if unauthorized vehicle users are caught, they will be prosecuted. The landowner would have to complain. (FO) I think we should give him permission; we can rescind it. We can do this with others who apply also.

(FO) Motion to approve use of four-wheeler on Town owned property and Class VI roads for William E. Clark. (AM) Second. After Discussion: Carried 5-0.

Discussion: (EV) I know Bill, though we are not related. He will do as he says he will do. (FH) He does it by the book and if he ruins it, he will fix it. He does it right.

20. Catamount Road Fire

(FH) I would like to have a copy of the tape on the fire on Catamount Road. (DM) Why, is there something specific you want it for? (EV) I am against that. Every time we have a fire you say people complain about something about it. If they have an issue, they can come before this Board to tell us. I would like to know who these people are. (FH) They do not wish to come in. (EV) We cannot second guess every department in Town. (FH) I am not nitpicking; I want to find out what happened. He ultimately intimated to “just forget it.”

(FH) Has there been any response regarding the pallet shop? (PS) I have forwarded the last E-Mail I received concerning that to the Board. To date, I have no other answers, but I will double check.

OLD BUSINESS

1. Capital Improvement Program

(EV) The information is now complete and we will have a final copy soon which be forwarded to the Planning Board for approval. I would like to note that Ralph Odell and Cher Keuenhoff have been the mainstays of the committee. They are the two individuals who made the program come together and without them it would not be finished. I would like to say a big thank you for all their efforts.

(AM) Paul, could you send a letter of thank you to them for all their efforts.
(PS) to do.

2. Tax Deeded Properties

(PS) This will be on the Agenda on December 7th. I have responded to Mr. Walker and I am revising the letter for Mr. Griggs.

3. Town Hall Fire Alarm Contracts

(PS) I have a few E-Mails from Chief Johnson and to the Board. We have one other of proposal and he has recommended Capitol Fire Alarm, who holds our current contract. Capitol has submitted a contract for the upgrade of the fire safety issues – $5,950 and contract for Protective Signaling System service – $950 annually.

(DM) Where will the funds be coming from? (PS) Maintenance Town Buildings and we will keep an eye on it to monitor charges and can transfer expenses to expendable trust.

(AM) Motion to approve contract with Capitol Fire Alarm and authorize Chair to sign contract. (EV) Second. After Discussion: Carried 4-1 (FH).

Discussion: (DM) I had requested that there be a second bid. (PS) noted that only one company other than Capitol responded.

This item will be removed from Old Business on future Agendas.

4. Bids for Town Hall Window Frame Rehabilitation

(PS) I have counted the windows and there are 79 windows in the Town Hall and one which is vented; so about 80 windows. The bids will be revisited.

OTHER

(EV) Just for the Board’s information, the contract for the lease for the Fire Department “Command” vehicle was signed by Chief Johnson. Comments have been made as to whether it is proper for the Fire Chief to sign this contract, and I have responded that his signing was authorized and voted upon by BOS.

APPLICATIONS AND WARRANTS

None.

CHECKS AND MANIFESTS

(DM) Motion to approve Accounts Payable and Checks Manifest. (EV) Second. Carried 5-0.

(EV) Motion to approve Payroll and Direct Deposit. (FO) Second. Carried 5-0.

MINUTES

1. Public Session Minutes of November 2, 2010

(EV) Motion to approve Public Session Minutes of November 2, 2010.
(AM) Second. After Corrections: Carried 5-0.

Corrections:

(EV) Page 1, First Line: Meeting was on Monday and will be changed accordingly.

Page 5, Line 89 – Secretary, Sentence 4: should be – Motion dies.

(FH) started to explain to Board that this position could not be done by…….
(AM) Point of Order: We are not re-discussing contents only corrections at this time.

Page 5, Last Line on Page: should read: (DM) There is some……. Implementation of 8 hour shifts combined with 10 hour shifts has been looked at.

Page 7, Third Paragraph, Line 6: should read… us by the FPA.
Page 7, Third Paragraph, Line 8: should read: will be a law suit.
Page 15, Line 3: should read: Carried 4-1 (FH).

2. Non-Public Session Minutes of November 2, 2010

(EV) Motion to approve Non-Public Session Minutes of November 2, 2010. (DM) Second. After Discussion: Carried 4-1 (FH).

Discussion: (FH) requested some information regarding contents; (DM) reminded him we are merely approving Minutes. If you would like to discuss contents, it would have to be in Non-Public Session.

PUBLIC INPUT

None.

NON-PUBLIC SESSION

(DM) Motion to go into Non-Public Session per RSA 91-A:3 II (c).
(EV) Second. Carried 5-0. Individual members of the Board were polled,
and all agreed.

Board went into Non-Public Session at 8:29 P.M. Board returned to Public Session at 9:00 P.M.

(EV) Motion to seal Non-Public Session Minutes of November 16, 2010. (FO) Second. Carried 5-0.

NEW BUSINESS – ACTION ITEMS CONTINUED

8. LGC Health Insurance Prescription Drug Option

(FO) Motion to continue current Prescription Plan allowing prescription purchase in drug store. (AM) Second. Carried 5-0.

OTHER

(FH) On Page 5 of last week’s Minutes, we discussed Deb doing transcription. She would have a hard time doing this with phone and walk-in interruptions and it would take her a longer. Megan can do it without interruptions and a lot faster. (DM) Point taken.

(FH) I am requesting a copy of the tape of the Catamount Road fire. I was out of Town and would like to know what happened. (EV) I do not believe you. I am not sure you need to know. (PS) The tape would have to be requested through Fire Chief or Merrimack County Dispatcher. (EV) Are you going to question all the Department Heads? You have to work with the Department Heads. (DM) I would be in favor of your discussing with the Chief.

(FH) Concerning the Fire Chief’s car, for $500 his car could have been fixed. It is going to cost the Town money for the new one. (EV) noted he has ridden in
“Car I” and it is not in good shape. (AM) noted that the Fire Chief’s car was never meant to be an emergency vehicle. I do agree with Fred on the money though.

ADJOURNMENT

(EV) Motion to Adjourn. (FO) Second. Carried 5-0.

Meeting adjourned at 9:04 P.M.

Approved: December 7, 2010

____________________________ ________________________
Denise Morin, Chairman Date

I hereby certify that these Minutes were recorded on November 16, 2010, transcribed and publicly posted on November 18, 2010.

_/s/ Delores A. Fritz_______________
Delores A. Fritz, Recording Secretary

II Tapes
BOS Minutes/11-16-10