February 6, 2007 Minutes

MEETING MINUTES
FEBRUARY 6, 2007
TOWN OF PITTSFIELD
BOARD OF SELECTMAN
TOWN HALL, 85 MAIN STREET
PITTSFIELD, NH 03263
CALL TO ORDER
Call to order at 6:00 P.M.
MEMBERS PRESENT
Larry Konopka (LK), Vice-Chairman, Linda Small (LS), Ed Vien (EV),
Donna Keeley (DK), Paul Skrowan, Town Administrator, and Delores Fritz,
Recording Secretary.
MEMBERS ABSENT
Arthur Morse (AM), Chairman.
Larry Konopka noted that he would not be voting only to break a tie.
PUBLIC INPUT
Pam St. Laurent wanted to know if public can ask questions tonight
regarding Thursday’s meeting. (LK) noted that questions will be answered
at end of review of warrants. She also noted that the Town is responsible for
coming up with a handout for the Thursday night Budget Committee
meeting. (LK) related that this will be attempted.
Fred Hast questioned Warrant Article #4, and (LK) noted that this would be
explained once they started to review the various warrant articles.
Dan Schroth wanted a copy of Pittsfield Quarantine and Isolation Plan. He
also questioned, “How many cops in Pittsfield?” (LK) requested he put his
questions in writing and a reply will be forthcoming. It was suggested that
-1-
he check with Chief Wharem regarding the number of cops in Pittsfield. He
also requested that the Board re-vote on the Article on global warming.
There has been new information issued since last week and 1,000 scientists
are 90% certain that global warming is happening. There should be a revote
because of new information that is out. It is a serious enough issue. It is
Article 38. How does the Board feel about revoting on global warming?
(LK) related that Board would address this during review of warrant articles.
Don Chase asked Board about Warrant Articles 28, 29, & 30 regarding the
Ethics Committee as well as #34 requesting Town to abolish the Ethics
Committee. “Wouldn’t it make more sense to put #34 first?” (DK) noted
that they should remain in the order that they are presented as
recommendation by committee takes precedence over petitioned articles.
(LK) noted that it would still be effective for a year after vote. Mr. Chase
stated that what (LK) said made sense and it probably should remain in the
sequence it is as it is not an issue. He also related that he had an amendment
to the Taxi Ordinance, which he would like to see added noting that taxis
should be marked as such.
Close to Public Input
AGENDA REVIEW
(LS) had several items to be added Action Items to be considered namely
Selectman Board Annual Report; Survey Memo regarding Chichester and
the Police Department; RFP’s; Town Administrator update; Letter to
Economic Development Committee regarding recent appointment.
(LK) added Ron Vien, 7:30 P.M. appointment; Info on MRI, Website
Committee Info, Info regarding special Selectman Board meeting; Taxi
Ordinance action; and global warming.
ACTION ITEMS
1. Any other forthcoming Warrant Articles.
(LK) related that the Warrant Articles as listed would be reviewed and at the
-2-
end public input would be allowed.
Article #1. OK
Article #2. OK. (DK) Where are signed Petitions? (PS) related that he had
them in his office.
Article #3. OK. (LK) related that when that passed last week, it did not say
by Selectman.
Article #4. (PS) related that this had been discussed with Cara and that he
was not aware that a grader would cost $250,000 and it is necessary that they
have the ballot vote as described. Lease would be long-term debt and need
to follow bond issue statues. Public Hearing on this is necessary and the
deadline would be February 27th. (Board members did not remember
discussing this issue previously.)
Article #5. (PS) related that town attorney did not advise him that it should
be on ballot. Protocol can be found in Statutes. I will inquire again of the
Town attorney. (LS) Please let us know.
Articles #6, 7, and 8. OK.
Article #9. (LK) Articles 8 and 9 are two separate things. (PS) noted that
“Yes, one is grader and one is a loader.”
Article #10. OK.
OPEN TO PUBLIC INPUT REGARDING WARRANT ARTICLES 1- 10
ONLY AT THIS TIME.
Dan Schroth questioned whether it was necessary to have a Public Hearing
on Warrant Article #2. (PS) related that Town attorney had not advised that
a public hearing is required but he would double-check to make sure. Mr.
Schroth requested that he question the Town attorney regarding all the
Warrant Articles that are petition ones.
-3-
Merrill Vaughn noted that #4 the wording of the dollar amount is incorrect
and we are drawing out more than we have in this account. The amount is
correct of $145,000 and it is just the wording of the amount that is incorrect.
Don Chase related that #2 is required to be on ballot. Statute clearly states it
can be either way. It is up to the Town. The Zoning Board is not there and
should be there. Also on #4, I do not understand. George is not in favor of
this Article. (LK) related that he is in favor of this Article and that it would
be too much of a tax burden if not done this way. On #9, why are we
leaving it there. (DK) related it would be to build up the fund and maybe
pay it off earlier. We would need money for repair. (LS) related that she
does not remember the Board discussing a ten-year lease. “It is news to me.
It says recommended by Selectman Board.” She requested information from
(PS). (PS) indicated that all this information came from Cara. (LK)
indicated that it may be necessary to hold a special board meeting.
Dan Schroth on Article #5, it would be smart to ask people because they
have to pay for it. People vote on it one way or another.
Fred Hast stated in regard to leasing a grader, we are short on capital
reserve, how are we paying for it? It is going to take a 2/3 vote and if it
doesn’t get voted, then what. (LK) related that he thought George had not
put this information together. This lease/purchase item is throwing us for a
loop.
(Cara was contacted by phone regarding this Article as well as George, who
indicated that he would appear at the meeting.)
Close Public Input on Warrant Article 1- l0.
Articles #11, 12, 13, 14. OK.
Article #15. (LS) noted that she thought we should reword it to indicate that
80% would be paid by FEMA and 20% by Town. She felt that this was not
clear enough. She noted that she would like to see it indicate “80% from
FEMA Grant.” (PS) related how this is accomplished and that Town initially
pays costs and FEMA approves expenses and reimburses Town. This is
generally not done in the same year. (LS) stated that the people are not
generally taxed for this. The tax burden is not on taxpayers.
-4-
(DK) advised Board regarding her telephone conversation with Cara
regarding #4. She related that Cara related that this information was given
to Selectman Board regarding estimates and grader repairs. (DK) related
that she thought the Board had never discussed this. (LS) I do not remember
ever deciding on a lease. This is the first time I have heard about this
Article. I am not willing to support this Article as it is. (DK) if we eliminate
it then we are dealing with not getting a new grader. We need a new grader,
either by lease, purchase, or whatever. (LK) wanted to know the cost of a
new grader. (PS) new grader would cost about $250,000. (LK) noted that
he had called George and he would be arriving shortly.
Articles #16 and 17. OK
Article #18. (LS) noted that there was $44,000 in overtime. She suggested
that maybe they should indicate “withdrawal up to that sum from…..” (DK)
related that they would have to produce documentation and that it is
probably ok the way it is.
Articles #19 and 20. OK.
OPEN TO PUBLIC INPUT WARRANT ARTICLES 11 – 20 ONLY
Merrill Vaughn on #20 related that he is a member of this Committee and
trying to revitalize downtown Pittsfield on $25,000 is no small feat. It is
very important.
Denise Patterson questioned wording after some of the Articles regarding
“Recommended/Not Recommended….” (DK) noted that Articles that
indicated “Recommended/Not Recommended…” are articles regarding
money issues.
Fred Hast stated that there was a hassle on #4, same thing on #11. He noted
that there is $20,000 a year put in Capital Reserve. Trucks for Town on
average cost $120,000. Why are grader monies so short? Capital Reserve
should be upgraded so when something comes up that needs to be bought….
(LS) indicated that Board not allowed to do it that way. Mr. Hast stated that
taxes are going to go up because of lack of equipment and monies to pay for
them.
-5-
Dan Schroth on #15 wanted to know when Town would be getting the 80%?
Board would check on this. He also indicated that it would be nice if they
had a handout of last year’s budget and also last year’s Warrant Articles so
the people would have a little history of what is happening.
Don Chase related that he had some of the same questions as (LS). I cannot
ever remember the town Warrant Articles being so screwed up. We are
paying $62.50 an hour for someone to be working on it.
(EV) related that there are 44 Warrant Articles jammed into this session.
Jim Theodore wanted to know why a Salt Shed costs $240,000 and why are
we getting one. (DK) related that this is mandated by State and we do not
have a legal one at this time. Chief Wharem related that most of the monies
for this are already in place.
CLOSE PUBLIC INPUT
Articles #21,22,23,24,25, 26, 27, 28, 29, and 30. OK
OPEN TO PUBLIC INPUT WARRANT ARTICLES 21 – 30 ONLY
Fred Hast that #18 does not say anything about salaries. (LS) indicated “and
operation” covers that. Only used for overtime. (PS) indicated it is worded
the same as last year. This came from Cara. Chief Wharem indicated that it
is also for Paramedic Intercepts. (LS) agreed it was for overtime and
Paramedic Intercepts.
Don Chase # 28, 29, 30 – these have been reviewed by Town counsel? (PS)
Yes. Mr. Chase questioned whether the Town is redefining RSA’s,
superceding State law. (PS) again, my answer is that it was recommended
by Town attorney. (DK) stated, we are not asking to change State law but
Code of Ethics. Mr. Chase related State law is defined as one thing and
State law supercedes this. (EV) related that State law is still there but
includes this with it. (LS) related that it can indicate more than State law but
not less.
Fred Hast on #26 – in relation to selling it is okay, but where monies coming
from to buy property? I still advocate current use idea. (LS) current use
-6-
idea cannot be done. (DK) related that this Article just allows process to
occur not how to raise the monies to do it.
Chief Wharem on #27 – land use boards. (DK) related that this is not
changing that it is just adding an alternate.
CLOSE PUBLIC INPUT
Article #31. OK. (LS) requested this be reviewed by Town attorney one
more time.
George Bachelder arrived at 7:10 P.M.
(DK) requested Board be enlightened on Warrant Article #4. The Board
does not recall discussing this with you. We were under the impression that
Board had not discussed it. George explained Town has two options. Town
can either buy grader outright or do lease. Either way Board decides, the
purchase or lease should not impact taxes. He related that the grader needs
major repairs ($30,000 or more). Grader originally cost $90,000. There
would be no penalty for early pay-off. Bob Elliott wanted to know the life
of a new grader – George indicated about twenty years if used on paved
roads, which stretches out the life of a grader. Discussion ensued by the
Board as to how to purchase a new grader. Board decided that purchase of a
new one would be better than leasing. Ways to appropriate funds for
purchase were discussed – Capital Reserve, Trade-in Value, Undesignated
Funds and it was noted that it would only cost about $.13 on tax rate.
George was asked about #15, as to when the 80% would be reimbursed to
the Town. He indicated that it could be up to five years (2012).
Appointment 7:30 P.M. Ron Vien and Representative TTG Environmental
Consultants.
Discussed the various things that could be accomplished in regard to the
sewer upgrade project at the Waste Water Treatment Plant. Various
methods to contain costs were discussed including reuse of compost,
reclaiming gravel pit and pavement, construction of building space and
tipping fees. He related that this is a break-even project and will generate
funds for other sewer projects. Ron Vien related that once the project is
-7-
built, one-half of the funds would come back to the Town from the State.
He related that Town would be able to pay Bond, operating costs and also
make some money to pay for upgrades. (LK) asked for it is necessary to
hold a public hearing on this. It was noted that an additional amount of
$810,000 would have to be on a Warrant Article for this and should be
similar to the last year’s Warrant Article.
Continue with Warrant Articles:
Article #32, 33, 34, 35, 36, 37, 38 (PS) this one is submitted by Petition and
we are obligated to put it on the ballot), 39, 40, 41, 42, 43, 44. OK.
OPEN PUBLIC INPUT WARRANT ARTICLES 31 – 44
Denise Patterson on #40, it should say unspayed, not unsprayed.
Dan Schroth #34 needs public hearing? (PS) Town attorney did not
recommend public hearing. The same for #35. Articles #36 and 37 are
advisory. Mr. Schroth requested that he would like some citing for law on
this.
Diane Vaughn #32, does Zoning Board get paid for being member of Board?
Don Chase #32, is it on or off the ballot? I have read and reread the RSA’s
and it is up to Selectman Board to put it on ballot. (DK) law says Board has
right to put it on ballot. (LK) Board chose to ask Town attorney.
7:55 P.M. – Five Minute Break Resume at 8:05 P.M.
Don Chase apologized to Board and Public in regard to #32 just before the
break.
——————————————————————————————
ACTION ITEMS (CONTINUED)
2. MRI – Agreement for Collective Bargaining Services
(PS) indicated that this in draft form and will be completed by next week’s
meeting. He related that the Internal Control Assessment Analysis is
-8-
complete and there are some issues that the Board needs to discuss and deal
with.
3. Ethics Committee Findings
(DK) recused herself at this time and left table, seated in audience.
(LK) asked Bob Elliott (BE) if he would like this to be public or non-public.
BE requested that it be in public. (LK) also advised him that there is not a
full Board and would he like to proceed. (BE) “Yes.” (LK) related that after
reviewing the findings of the Ethics Committee, he would like to send it
back to the Committee to indicate only the facts and not their opinions. He
related that the Board has to deal with facts and that their opinions and
recommendations concerning the language in the Rules of Procedure should
be kept separate.
(LK) indicated that the Ethics Committee found that there was “no violation
of the Pittsfield Code of Ethics.” (EV) related that he agreed with (LK) that
it should only contain their findings but he is able to separate the opinion
from other facts in the letter. (LK) related that this was on the Town website
and should not have appeared there. (LS) noted that the findings do not
require the Board to do anything. Committee is not looking for approval
from Selectman Board and we will be taking no action. (It was agreed that
(PS) would draft letter to Ethics Committee to the effect that responses
should indicate findings only.)
(LK) read letter from Bob Elliott requesting Town pay his attorney fees. He
related in his letter that his reputation was at stake and that all committee
members’ reputations could be hurt in a situation like this. He requested
reimbursement of $420.00 for attorney fees. (LS) stated she did not agree
with the Ethics Policy Codes. She felt these were frivolous accusations and
she was embarrassed by these actions for the people of Pittsfield. She stated
that she did not feel Board should set precedent on paying attorney fees.
(EV) after discussing with Town counsel, it was indicated that we can or
cannot set precedent in matters like this. He felt that the complaint was not
founded and therefore, Mr. Elliott’s name has been cleared. He stated that
“This can be a dirty little town and anyone can throw accusations and this is
-9-
wrong.” If this was brought to Court, I think it may be different. (LK) if not
represented, who knows where he would be. This is the way we lose board
members and volunteers. I do agree paying attorney fees until Ethics Policy
changed to give the person right to non-public or closed session. (EV)
related that if Town pays one time, we are liable to pay for other. This is not
a good case. I agree with the finding. Mr. Elliott did nothing wrong.
Mr. Elliott related that he felt a precedent has already been set. Art Morse
and Donna Keeley had their attorney fees paid. “A fool who defends
himself….” Each case is different. There is no such thing as setting a
precedent You have to look at the merits of the situation. “If you were in
this position, how would you like to be treated?” Precedent is not an issue
and should be defined as needed.
Don Chase, at this point, wished to comment and was reminded that he
could not comment on this matter, just state facts. He stated he wrote the
Rules of Procedure for the Ethics Committee. Matters like this should be in
non-public hearing to prevent this from happening rather than at full Public
Hearing. The Committee asked Town counsel to approve of this and Town
counsel stated, “It must be held in Public Hearing.”
(LS) Motion to send letter to Ethics Committee to not include opinions or
recommendations within findings. (EV) Second. Vote 2-0, Motion carried.
(LS) Motion to not pay Bob Elliott attorney fees. (EV) Second. Vote 2-0,
Motion carried.
(BE) requested that something be put in writing of Board’s decision. (LK)
related that a basic letter would be sent to him.
Donna Keeley reseated at this time (8:30 P.M.)
INFORMATION ITEMS
1. Board of Selectman Annual Report
(DK) to do this report.
-10-
2. Assessing RFP’s.
In progress.
3. Town Administrator Update.
(LS) wanted to know if ads had been placed and if resumes received. (PS)
related ads have been placed and resumes received which have been
forwarded to MRI. It was suggested that copies be retained here. (PS)
related that Mr. Jutton has been advised that Board approved contract.
4. Taxi Ordinance
(LK) there is an amendment to the ordinance, which has been submitted by
Don Chase. (Amendment was read by (DK) indicating that vehicles should
have the words “Taxi” or “Cab” marked on cars and should be visible for at
least 50 ft.) Chief Wharem related that changes would only take minutes to
be done. (PS) related that he should get back to Chair with any comments.
This will be available for next meeting.
5. Global Warming
(LK) This has already been done via Warrant Article.
6. (PS) Schedule
(LK) requested (PS) post schedule about a week in advance as to when he
would be here if Department Heads, or anyone needs to speak with him.
(PS) indicated he would put this in Memo form and make sure everyone got
copies.
7. Website Committee
(DK) related committee members needed.
8. Special Board of Selectman Meeting.
(LK) not needed at this time. All Department Heads have copies of Warrant
-11-
Articles. (PS) only financial Warrant Article needs to be corrected is one for
the grader. All other ones are correct.
OLD BUSINESS
1. Rental Caps – Welfare
A brief discussion ensured regarding rental fees and it was agreed that Board
approved of $600.00 cap. (DK) Motion to accept $600.00 rental cap for
apartment for Welfare, (LS) Second. Unanimous 3-0.
2. Highway Garage – Exhaust Issue
(LK) related that individuals at garage have trouble breathing. (PS) related
that Board has greater obligation than just correcting problem and this
should be referred to Occupation and Safety Board through State. (DK)
recommended that they contact the State Department and check to see what
they recommend. It was agreed that Mike and George could work on this
together in notifying the appropriate State Board.
3. Paul Metcalf – Parking at 21 Main Street
(LK) referred to report from Police Department. (PS) related that neither
George nor Mike have received anything on this from the Zoning Board or
Planning Board. (DK) read letter from Chief Wharem.) A discussion
ensued regarding whether 20 minutes parking, or two hour parking and
whether entering one way and exiting another would alleviate some of the
problem. Chief Wharem related that there are not many parking signs in this
area. (LS) Motion to make it two hour parking, (DS) Second. Unanimous
3-0 carried.
4. Letter from Tom Adamson
(PS) related that there was a memo from Chief Wharem regarding dealing
with Mr. Adamson’s letter and the parking situation. It was recommended
that George put up a couple of signs in reference to parking so many feet
from corner. (LS) Motion, (DK) Second. Unanimous 3-0. (PS) to send
-12-
letter.
APPLICATIONS AND WARRANTS
None.
CHECKS AND MANIFESTS
(EV) Motion to accept payroll (DK) Second. Unanimous 3-0.
(EV) Motion to accept accounts payable (DK) Second. (LS) noted that there
was one check to N.H. Employment Security, Check No. 5993, that she had
a question about. (EV) Amend Motion to accept accounts payable except
for Check No. 5993, (DK) Second (Amended). Unanimous 3-0.
MINUTES
Non-Public Session of January 16, 2007, (PS) to do these minutes, but not
yet done. (LS) Motion to accept Minutes of January 23, 2007 with
corrections, (EV) Second. (DK) Abstain. Unanimous 2-0. Motion to accept
Minutes of Selectman Board/Public Hearing (LS), Second (EV). Not noted
in minutes (LK) questioned (AM) regarding any conversation or discussion
regarding the subject of town manager being brought up again with (PS)
(AM) responded “No.” Unanimous 3-0.
(EV) Motion to accept Site Walk Review Minutes, (LS) Second.
Unanimous.
PUBLIC INPUT
John Lenaerts wanted to speak in regard to (BE) reimbursement of attorney
fees and (EV’s) statement that people have done “dirty things.” As a
member of the Zoning Board, Chairman should recuse himself when he is an
abutter. Board members must do that. This is in the RSA’s. The issue is
that if you are an abutter you must recuse yourself. (EV) my statement
about dirty politics, this is something you cannot argue. I did not say people
have done dirty things but rather there are dirty politics involved. Merrill
Vaughn requested that (BE) comment on this.
-13-
(BE) First of all, John, I challenge your statement about the RSA’s. There is
nothing in the RSA’s that states abutters must recuse themselves on land use
Boards. Each case is specific. No attempt to resolve this amicably between
John and me has been attempted. It was an attack against me. There is a
clear intent to do defamation to my character. I spoke to government center
myself and it was noted that I did nothing wrong. John’s allegations are
offensive.
Merrill Vaughn related that he had several things he would like to comment
on. He wanted to thank Town for renovating bathroom and making them
handicapped accessible. He also related that the approach to the landing
outside should be cleaned of all the salt, and dirt as it is causing him to track
in a lot of sand/salt. He stated that there are a lot of candidates running for
office and that hopefully, it will be a clean campaign year.
Diane Vaughan wanted to know when final draft of Warrant Articles would
be available. (PS) related no later than February 26th.
Donna Keeley related that she had several comments she would like to
make. I would like to say that I agree with John’s point. I am in favor that
members of land use Boards recuse themselves if they are an abutter. (BE)
related that he thought that this was “A shot at me.” (DK) continued stating
that “Yes, I was defended by Town Counsel and private counsel because I
was sued for $1 M. Town Counsel recommended that I also be represented
by private counsel as well to the tune of $11,000. (LK) suggested that this
was not the time or place for this, but (DK) related that she felt that she had
a right to speak out. (DK) related that she felt that she had the right to
speak. “I have the floor.” (LK) asked the Board how they felt about this and
was directed by the Board to let her speak as did (BE). (DK) Art Morse and I
were sued and I defended myself. Every public official has that right. (BE)
related that you were sued because of the allegations you made against Mike
Cyr and myself. (DK) related that she was not going to rehash the case. The
taxpayers are aware of what happened and it was the decision of the Town
that I retain counsel and be reimbursed for my counsel fees.
Chief Wharem related that it was getting late and if there was anything else
on the agenda.
-14-
Don Chase stated that he felt the Ethics Committee was not doing their job
the way it should be done and that they were a lawsuit waiting to happen.
Jim Theodore wanted to tell the Board, “Good job, you got a lot done
tonight and you all did well.”
ADJOURNMENT
(DK) Motion to Adjourn, Second (EV). Unanimous.
Meeting adjourned at 9:40 P.M.
APPROVED:_February 13, 2007
Date
-15-