April 6, 2010 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 TUESDAY, APRIL 6, 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), Eric Nilsson, (EN), Don Chase, (DC), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

Cher Keuenhoff: Did you all receive my E-Mail? I am disappointed as I understood and I think we both thought that the non-union wage increases were for the entire year rather than only from April. That was most disappointing. When it came to the other wages, it was for a full year.

AGENDA REVIEW

(DC) Tan Road; (DM) Ted Mitchell – WiFi Signs; (FH) Provencal Motorcycle Inspection Station Application; (PS) Cross Country Appraisal/Information on Revaluation, Letter of Resignation Hank Fitzgerald, Planning Board, Unfair Labor Practice Filing by the AFT-NH (Non-Public), Memo with regard to Voting in Non-Public Session, LGC Response to this Memo, Correspondence between NHDOT and Town of Pittsfield Re: Concord Hill Project, E-Mail Re: Value of Watson Property – Elderly Deferral; (EV) Appointment to ZBA – Carole Dodge.

APPOINTMENTS

6:10 P.M. – Safe Routes to School – CNHRPC

(DM) Cancelled and rescheduled for May 4th meeting.

6:15 P.M. – David Croft – Merrimack County Juvenile Diversion Program

Mr. Croft introduced himself to Board and audience and thanked Board for opportunity to speak to them. He noted he represents the Merrimack County Juvenile Diversion Program through the Merrimack County Attorney office. This program has been around since 1992 as an alternative program to prosecution. Individuals sign a contract not to be prosecuted provided they serve 200-250 hours of community service. We search for projects to find various types of work for them on the week-ends. They come and do projects for the Town. They are fully covered so their services are available without liability. These activities might include raking (cemeteries, etc.) cleaning driveways after storms, mowing lawns, or any other projects you can think of. They are individuals who have committed non-violent, first time crimes. They come well-supervised and will stay as long as the job takes. We require that they have full-time jobs also.

(FH) Only on weekends? Mr. Croft: “Usually, yes.” (EV) Are there a minimum number of people? Mr. Croft: “No, but enough to complete the particular job.”

Literature was left by Mr. Croft with the understanding that he could be called for scheduling anything that Town would like to have accomplished.

(DC) noted that he had invited Mr. Croft tonight and that he had spoke to George who can use the help. It is free labor. What I would like to see happen is that this information be given to Department Heads so they can contact David for these services. I think it would be a good idea to utilize this free valuable service.

It was agreed that all requests would be filtered through Town Administrator.

Mr. Croft left at 6:15 P.M.

6:20 P.M. George Bachelder – Truck Purchase

George related that he was asked by Paul to come in and discuss with Board regarding the order of the truck. We are now looking at September as the earliest that we can acquire this vehicle. (PS) I have asked George to come in and talk to Board so that we can understand that George needs to negotiate the purchase of this truck now. George related that this was all done back in March regarding acquiring purchase costs and it was decided on Liberty Co. in Mass.

(EV) Motion to waive bid process for truck purchase and utilize Liberty Truck Co. in Mass. (FH) Second. Carried 5-0.

Tan Road Update

(DC) Since George is here I would like to address the Tan Road problem. Every time there are a couple inches of rain, George has to go up there at a cost of $1,000 or more. I think we should talk about it and have George put something together to correct this problem permanently. George B. related that the problem is the vegetation level, and every time it rains the brook runs “chocolate.” We would need to either have a retention pond at the bottom of the pit or replace both culverts which can be pretty expensive. It was questioned whether DES could help Town with this issue, but George felt that first Town should look at the permit that is in place. (PS) to resurrect permit and proceed from there.

George Bachelder left at 6:23 P.M.

6:25 P.M. – Cross Country Appraisal – Revaluation Update

(PS) I have asked Mr. Earls to prepare information as to what will transpire in the next six months regarding the revaluation that is being conducted this year. Cross Country has supplied some information, which is available to you.

Jeff Earls, President of Cross County Appraisals was present. Mr. Earls related that currently they are at the stage of setting preliminary values. Individuals can schedule appointments – both day, night or Saturday appointments – to discuss. I am looking for the Town to give the go ahead to getting these letters out, hopefully this week. Pittsfield has under assessed values by almost 22%. Values have decreased by 13% since 2005. There is a big decrease in values and eventually in the tax rate. It is hard to tell how much. (FH) Will the letters be out this week?

(FH) Motion to approve having letters setting preliminary values sent out this week. (April 5 – 10, 2010) by Cross Country Appraisals. (DC) Second.
Carried 5-0.

Mr. Jeff Earls left meeting at 6:30 P.M.

6:30 P.M. – Nancy Christie – Conservation Commission

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

Board went into Non-Public Session at 6:32 P.M.

Board returned to Public Session at 6:49 P.M.

(EV) Motion to seal Non-Public Minutes of April 10, 2010. (EN) Second. Carried 5-0.

6:35 P.M. – Police Chief Robert Wharem – Personnel Appointments and
Lobby Renovations

Personnel Appointments:

Police Chief Robert Wharem noted he was present tonight to request Board re-appoint part-time officers which is done on a yearly basis. He related that there are five individuals that need to be re-appointed noting that Officer Coolidge would not be re-appointed at this time.

(EV) Motion to re-appoint part-time police officers, Cory Krochmal, Robert Gauthier, Jr., Jason Darrah, Justin Swift, and David Girard. (DC) Second. Carried 5-0.

(EN) requested that letter of Thank You for past services be sent to Officer Coolidge. (PS) to do.

Lobby Renovations:

Chief Wharem related that he has completed the specs as requested by Board and is now ready to submit for bids. It was agreed that the deadline for bids should be May 18th. (See Attachment 1.)

(EV) Motion to approve specs as submitted by Police Department for lobby renovations and allow to begin bid process. (DC) Second. Carried 5-0.

(PS) The source of the costs and where monies will come from has been discussed and since there would not be monies within their budget, it would probably have to be from the Town Hall General Building Fund or from expendable trust.
Part-Time Officers (3):

Chief Wharem also related that he would like to run an ad for (3) part-time police officers. He currently has some inquires but from individuals lacking experience as police officers. Police Department needs experienced individuals and I would like to advertise with LGC, Website and Channel 24 for certified people.

(DC) Motion to approve Chief of Police Department to advertise with LGC, Website and Channel 24 at no cost to the Town for part-time police officers.
(EN) Second. Carried 5-0.

NEW BUSINESS
ACTION ITEMS

7. Deputy Emergency Management Director

Chief Wharem related that he has discussed with Chief Gary Johnson the possibility of his being Deputy Emergency Management Director. He is amenable to that and is all set to assume that position.

(FH) Motion to appoint Chief Gary Johnson as Deputy Emergency Management Director. (DC) Second. Carried 5-0.

16. Highway Safety Grants (2)

Chief Wharem related to Board members of the Highway Safety Committee which meets approximately once or twice a year.

Chief explained to Board the “grant” for the acquisition of bicycle safety helmets for youth-sized individuals which will be distributed in conjunction with Bicycle Rodeo. (See Attachment 2.)

He also explained the DWI Enforcement Grant which includes 88 hours of patrolman salaries including benefits which are factored into this amount. It does not cover cost of vehicle, gas, maintenance and court appearances. The focus would be on motor vehicle DWI events. We have done this for at least the past
8-9 years. (See Attachment 3.)

(FH) Motion to approve DWI Enforcement Grant (and authorize Chair to sign.) (DC) Second.

(DM) Fred, will you amend your motion to authorize Chair to Sign. (FH) Yes. (DC) Amends Second. Carried: 5-0.

Chief Wharem related that there will be two additional grants coming regarding speed enforcement and DWI Sobriety Check Points.

1. Town Attorney Response – Article 2 of the Town Meeting Ballot

(PS) The Board has discussed Article 2 on the ballot and requested I acquire clarification, which I have done. Some alternatives have been offered as to how to address this issue which is included within the information for your action.

(DM) I believe voters were educated enough on this matter. I was not distracted by the wording and the Warrant Articles were posted well in advance. I have heard no one complain.

(DC) I disagree. I do not think the majority of the voters realized they were voting to reduce the size of the Board. They thought they were voting on keeping the Board as it presently exists. I heard from a lot of people. People thought it was just being reiterated that it was an elected Board. I have spoken with the Secretary of State and there are no provisions within the Statutes to reduce/increase the size of an elected Board. The Board can do what it wants.

(DM) I do not want anyone to take my vote away. (DC) My concern is that the Warrant Article is very deceiving and many people agreed. Even Dave Scanlon noted that the Article’s sole intent was to reduce the size of the Planning Board. I am the last person to take anyone’s vote away. What about those not knowing what the voting was for? People thought that it was to keep an elected Planning Board. (EN) In the future, we should go over and have it in layman’s terms.
(DC) Laura Spector admitted that she made a mistake.

(EV) I think we should leave it alone. I guess if it is illegal to reduce it to five members, than that is what is going to happen. (DC) Someone can challenge it and it is going to cost the Town a lot of money. (EV) It was confusing. I know I read it several time and then voted on it. I understood what I was voting for.

(PS) The last paragraph of Laura Spector’s letter outlines alternatives and it is her recommendation that, “unless the Town is able to get the Legislature to validate the Article through the omnibus bill, that it do nothing regarding the Article and simply wait and see if anyone challenges it.” (DC) I honestly do not wish to discuss it any more.

2. Review of Board of Selectmen Representative Assignments to
Committees and Board.

(PS) I was asked to put this back on the Agenda to revise/update the appointments the Board has made.

(EV) I asked Paul to revisit this after “letting the dust settle.” Looking at the committee appointments, I realized I “overbooked” myself on a lot of different things and I would like to drop off the Budget Committee. (FH) Are you going to drop any other committees? (EV) Probably not, I will try to keep the rest. I am currently on the EDC, Foss Scholarship, BCEP, and the Suncook Valley Regional Town Association. I do not want to take on too many things and not do a good job.

(DC) Motion to approve Ed Vien resigning from Budget Committee.
(EN) Second. Carried 4-1 (FH).

(EV) Motion to appoint Fred Hast to Budget Committee. (FH) No you don’t. (EN) Second. (FH) No you don’t. (FH) refused to take position. Motion is moot.

(EV) How many other committees are you on? (FH) Just one and that was you people voting me down. I tried to do several other committees but kept getting defeated the first around and if I am not good enough the first time then I am not any better the second time. You voted me off several committees and I do not want to be appointed to Budget Committee.

(EV) For the record, I do not think you are on enough committees. You are on one. You wanted to do the Union Negotiations and if you will remember you have done that before and I would like to do it during my term. To be honest, you have a “bee in your bonnet” because of this and do not want to do any other committees.

Board agreed to table this until a future date, probably the next meeting.

3. Assessor Recommended BTLA Settlement Agreement

(PS) We have received the notice of the BTLA Settlement Agreement regarding U01, Lot 58, Cronin Realty Investments Trust. It is recommended that the abatement be granted. (See Attachment 4.)

(EV) Motion to accept recommendation of Cross Country Appraisers and approve abatement. (DC) Second. After Discussion: Carried 4-1 (FH).

Discussion: (FH) Why not leave it as $99,900? (PS) They believe the value of the property is represented by $80,000. (FH) I can see $99,900 but not $80,000.
(Board members approved and signed document.)

5. Transfer Request – Ambulance Fund

(EV) Motion to approve $1,132.89 from Ambulance R&F Fund to General Fund. (DC) Second. Carried 5-0.

6. Engagement of Auditors for 2009 Audit

(DC) Motion to approve Engagement of Auditors for 2009 Audit and authorize Chair to sign document. (EV) Second. After brief comments: Carried 5-0.

(FH) The audit is already in progress and now we’re approving it?
(DM) Also, there is $25,000 in the budget for this and it came in less.
(See Attachment 5.)

8. Pittsfield Salvage – Application for Automotive Recycling Dealer
Registration

(FH) Motion to approve for Automotive Recycling Dealer Registration for Pittsfield Salvage. (DC) Second. Carried 5-0.

(EN) Does anyone go out and inspect to see if they are compliant? (PS) I am not sure. (FH) They are under DES controls.

9. Building Inspector – Hours of Work

(PS) This is on the agenda to address how Board will revise Building Inspector hours of work based on budget as adopted at Town Meeting. There has been a reduction of hours the Building Inspector is to work during the year and is before the Board. Basically, it is to work one day a week. (FH) You can’t cut his hours down to one day a week. (EN) You can’t run the Building Inspector office on ten hours a week. If something happens which requires his attention, you can’t have him work additional hours at home. (DC) Why is he only budgeted for one day a week? Is it because of the Budget Committee or Board of Selectmen?

Cher Keuenhoff: The Budget Committee proposed it and it was approved by majority vote. We were looking to reduce the budget and that was one of the options. It could have been changed on the floor of the Town Meeting, but it was not.

(EV) We are paying the Animal Control Officer more than the Building Inspector. (PS) He is currently pushing 16 hours. (DM) Could he work some weeks only one day? There are some things he has to physically respond to and some that he could monitor otherwise.
(FH) He is not doing much now, but with the recession ceasing, there will be more building going on. Board discussed his hours of work and it was agreed that the tradesmen are usually here first thing in the morning. (DM) There is no action required currently. (PS) Some direction by the Board will be needed as to the financial issues. He does not have the hours to attend Planning Board and Zoning Board meetings and we are going to have to come to closure on this.

Cher Keuenhoff: “I am only the Chairman of the Budget Committee and I cannot take full responsibility for what the Budget Committee decided.”

10 & 11. Family Income Calculation – Waiver of Ambulance Fee

(PS) The 2009 Poverty Level Guidelines information is before the Board as to what income sealant Board would like to consider applying for those individuals filing a Waiver for outstanding ambulance fees. The application was created by Diane as to who is eligible to apply. (See Attachment 9.)

(EV) Motion to approve and use letter as written. (DC) Second. Carried 5-0.

(EV) Motion to use 2009 HHS Poverty Guidelines as poverty level of 135% for eligibility on Ambulance Fee Waiver. (FH) Second. Carried 5-0.

12. Welfare Lien Tax Map R37, Lot 2

(EV) Motion to approve Welfare Lien Tax Map R37, Lot 2. (FH) Second. Carried 5-0.

13. Selectmen Training at Antioch

(PS) noted that Eric Nilsson would like to attend and has inquired as to the financial consequences, namely who pays? It was noted that usually individual pays for training and is then reimbursed. Don Chase also noted that he would like to attend. (FH) noted that LGC also has training for this. (EN) and (DC) noted that they would like to also attend this. (FH) suggested that in the future a Line item be created for this purpose.

14. Non-Union Employee Wage Adjustments

(PS) This is back on the agenda for clarification as discussed at the previous meeting of the BOS.

(DC) Motion to approve 2% wage increase for non-union employees as of
April 1, 2010. (EN) Second. Carried 4-0 (FH) Abstain.

Discussion: (DC) It was approved at the Town Meeting but it was not clearly stated whether BOS would or would not approve it.

15. BCEP Appointments

(FH) Motion to appoint Thomas Marston and Judith MacLellan to the BCEP Committee. (DC) Second. Carried 5-0.

(FH) Motion to appoint Carolyn Allhiser to BCEP Budget Committee.
(DC) Second. Carried 5-0.

17. Reach the Beach Parade Permit

(EV) Motion to approve application for Reach the Beach Parade Permit and authorize Chair to sign. (FH) Second. Carried 5-0.

Break 8:00 P.M. Resume meeting at 8:06 P.M.

18. Signs – Route 28

Ted Mitchell: I am on the EDC and we are working to get signs on Route 28 and also Free WiFi signs. The cost is $2,000 and EDC would like to foot the bill for one-half and the businesses involved the other half. We need BOS approval to do this. He noted that they would like to have official tourist signs on Route 28 and informed Board of size and location of signs. The State would control where these signs would be placed and also maintain them.

(EV) noted that he would like to table this for a week so that he could be brought up-to-date on this matter. (DM) Also, we should have something on paper. Board requested that actual locations be represented, and what they will look like.
Mr. Mitchell noted that he will provide paperwork and pictures for next meeting.

Cher Keuenhoff: “My brother-in-law is working on this and I have a copy of this information which I can forward to you (five documents.) I would like you to note that there are serious time constraints on this project and the deadline is sometime in April.

19. Provencal Motorcycle Inspection Station Application

(FH) Things like this should be acted upon right away. Motorcycle season is coming up and he does not have approval for the application. He does do motor vehicles but can’t do motorcycles. This is dated in early March. (PS) I believe that Kyle just needs to fill out the attached form. I will check with Kyle to note that these should be done as soon as possible.

20. Letter dated April 6, 2010 from Hank Fitzgerald resigning from
Planning Board as Alternate

(DC) Motion to accept Hank Fitzgerald letter of resignation from Planning Board. (EV) Second. Carried 3-2 (EN) and (FH).

(EN) Hank will be missed.

21, Unfair Labor Practice filing by the AFT-NH

This will be addressed in Non-Public Session.

22 & 23. Memo Re: Voting in Non-Public Session and LGC Response

(PS) This is in relation to a conversation I had with Don Chase regarding the protocol utilized by this Board in Non-Public Sessions. I have sent a Memo to the Board to get further clarity as to what form a decision should be composed of and also wrote LGC and they have responded.

I would interpret the response from LGC that the manner in which Board conducts Non-Public Sessions and the decisions reached thereof are not incorrect but could do differently if they choose to. If it is how to pose the vote, there is some flexibility there. A two-thirds vote is necessary to seal the Minutes.

(DC) I only questioned it because eventually sealed records will be unsealed.
(PS) It is a fair question on the part of Mr. Chase.

(FH) I do not believe that any of the sealed Minutes have ever been looked at to “unseal” them. We used to do it every year and I think there are about five years of sealed Minutes to go through – that is a lot of Minutes. We should start to look at them and either keep them sealed or unseal them.

24. Correspondence between NHDOT and the Town of Pittsfield
Re: Concord Hill Project

(PS) This deals with the Concord Hill Project replacement wall, sidewalk and road. The DOT would like to have utility pole moved and when they first contacted me, I advised that we do not own that property. There is a small park there that is maintained by the Rotary and according to the tax maps it is owned by the State of NH. Board discussed who actually owns property and it was agreed that the property is owned by State of NH. (PS) will send letter that property is not owned by Town.

25. E-Mail Re: Value of Watson Property – Elderly Deferral

(PS) This is an outstanding matter as there was a question on the elderly deferral. The question was “Is the value of the property currently equal to or greater than the tax deferral amount?” and the answer is “Yes.” The value is 60% more than owed for the elderly tax deferral. This was tabled by the previous Board.

(EV) Motion that Board untable this matter and allow matter to go through as approved. (DM) Second. Carried 3-0. (DC) and (EN) Abstain.

(DC) Motion to approve abatement Tax Map R28, Lot 2 in the amount of $6,592. (EN) Second. Carried 5-0.

8:40 P.M.

INFORMATION ITEMS

None.

OLD BUSINESS

1. Town Hall Improvements Agenda of April 20, 2010
2. Capital Improvement Program Pending
3. LGC Job Descriptions Agenda of April 20, 2010
4. Selectmen/Town Administrator Goals Pending
5. Firefighter/EMS Cross Training Agenda of April 20, 2010
APPLICATIONS AND WARRANTS

1. Elderly Tax Deferral Application Tax Map R28, Lot 2

See above.

2. Timber Tax Warrant Tax Map R51, Lot 7

(EV) Motion to approve Elderly Tax Deferral Application Tax Map R28, Lot 2 in the amount of $1,474.87. (FH) Second. Carried 5-0.

3. Intent to Cut Tax Map R51, Lot 7

(FH) Motion to approve Intent to Cut Tax Map R51, Lot 7. (DC) Second.
Carried 5-0.

4. Intent to Cut Tax Map R53, Lot 19

(FH) Motion to approve Intent to Cut Tax Map R53, Lot 19. (DC) Second. Carried 5-0.

5. Intent to Cut Tax Map R6, Lot 9

(FH) Motion to approve Intent to Cut Tax Map R6, Lot 9. (DC) Second.
Carried 5-0.

NEW BUSINESS ACTION ITEMS CONTINUED

4. Action on Abatement Application Recommendations

(FH) Motion to approve abatement Tax Map R22,Lot 1-3; R22, Lot 1-31; R34, Lot 6; R34, Lot 6-1; R49, Lot 17, and R53, Lot 15-3. (DC) Second. Carried 5-0.

(FH) Motion to deny abatement Tax Map R4, Lot 2-22; R07, Lot 10; R08, Lot 14; R24, Lot 2-5; R51, Lot 5-4; U02, Lot 21; U02, Lot 23; Uo3, Lot 75; U04, Lot 18; U04, Lot 19, U04, Lot 34. (EN) Second. Carried 5-0.

26. Zoning Board Re-Appointment – Carole Dodge

(FH) Motion to reappoint Carole Dodge to Zoning Board of Adjustment.
(EN) Second. Carried 5-0.

(PS) will send letter.

27. Town Hall Roof – Cap

(EN) noticed the large cap on roof is damaged. (PS) We will file and it may or may not be covered.

CHECKS AND MANIFESTS

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

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

9:00 P.M.: At this point, all electricity in Town Hall went out and Emergency lights activated making it very difficult to see anything. Board agreed to take a break to determine cause of electrical failure. Entire neighborhood was without electricity.

Since it was determined that the electricity would be out for an extended period of time, it was decided that Board would adjourn. Some members of the audience were quite vocal about not being able to participate in Public Input and demanded a public apology. (DM) apologized and explained that there was a safety issue involved and the meeting would not continue.

Board did agree that a request for an extended time period for response be filed regarding the Unfair Labor Practice Filing by the AFT-NH.

ADJOURNMENT

(DC) Motion to adjourn. (EN) Second. Carried 5-0.

Meeting adjourned at 9:05 P.M.

Approved: April 20, 2010

____________________________ ______________________
Denise Morin, Chairman Date

I hereby certify that these Minutes were recorded by me on April 6, 2010 and publicly posted on April 8, 2010.

/s/ Delores A. Fritz, Recording Secretary
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