January 16, 2007 Minutes

Meeting Minutes

Town of Pittsfield
Board of Selectmen
Town Hall, 85 Main Street
Pittsfield, New Hampshire
JANUARY 16, 2007
Call to order at 6:05 P.M.

MEMBERS PRESENT

Arthur Morse (AM), Chairman, Larry Konopka (LK), Ed Vien (EV), Linda Smart (LS), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

Donna Keeley was absent.

PUBLIC INPUT

None

AGENDA REVIEW

(LS) budget information

APPOINTMENTS

Town Manager Study Committee – all members of committee not yet present. Will commence at that point.

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NEW BUSINESS

Action Items

1. Warrant Article – Elderly Exemptions – Motion to accept (LK), (LS) Seconded. (AM) checking on whether Statutes defines net assets. (PS) Statutes defines this. Unanimous 3-0.

2. Warrant Article – Conservation – Motion to accept (EV), Seconded by (LS). (AM) had some questions in regard to terms. This was tabled until Donna Keeley was present to answer some specific questions Board had in regard to this. (EV) withdrew his Motion and (LS) withdrew her seconding of motion.

3. Warrant Article – Town Hall Roof – (LS) Motion to accept, (LK) Seconded. It was agreed that several bids would be reviewed to determine exact costs and methods. Unanimous 3-0.

4. Warrant Article – Community Revitalization Tax Relief – (LK) Motion to accept, Seconded by (EV). Unanimous 3-0.

APPOINTMENTS

Town Manager Study Committee

Committee members Lester Ferstenberger, Merrill Vaughn, Leslie Federeau,

John Kost, and Gilbert Bleckmann.

Printed material as well as some charts were available to the Board for review.

Lester Ferstenberger reviewed the printed information that was distributed relating the difference between town administrators versus town manager. He noted that the way the town is currently run is not the most efficient way, and that he felt that a town manager would be able to do the job more effectively on a day-to-day basis, which would free the Board of Selectman, to follow through on matters that they were selected to do. With the changing of members of the Board through elections, a town manager would be able to keep continuity in the community allowing the Board to focus on

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the big picture of planning for the future, budget and other matter. Though, it would probably initially cost the town more money, in the long run, the committee felt that a town manager would be the best route to explore.

Each member of the committee, except for Merrill Vaughn, related that they felt the best way to go on this matter would be to hire a town administrator.

Merrill Vaughn initially felt that a town manager would be best for Pittsfield, but after reviewing the information collected by the committee, he felt that Pittsfield is not yet ready for a town manager, and that a town administrator should be our first choice.

(LK) thanked the committee for an excellent presentation, but related that he felt that the Town of Pittsfield is not yet ready for a town manager and that perhaps, we could go with a town administrator and maybe two years down the road, switch him to town manager. Mr. Furstenberger related that there is no statutory provision for doing something like that. He related that you should be thinking of the position, and not the person. The Board of Selectmen would offer the directives and the town manager would follow through on the day-to-day issues. (LS) related that the committee did an excellent presentation and that she was able to understand it clearly.

Merrill Vaughan apologized to Board for “switching horses in mid-stream.” (EV) reassured him that this was his prerogative and that he did exactly what the Board requested which was look at both sides of the picture.

(AM) related that the Board would take the information under consideration and decide whether to vote on this. He stated that he felt a public hearing in this regard would be warranted if they decided this is what they would want. Mr. Ferstenberger related that it would be on the ballot either way.

NEW BUSINESS (CONTINUED)

5. Master Plan Report – It was noted that there are monies budgeted for the Master Plan Report and Ralph Odell will be advised of this.

6. Ethics Committee Findings – Board has meeting with attorneys next week, January 23, 2007, at 5:00 P.M. to discuss matters in this regard. This matter will be reviewed at a later date.

7. Agenda for the Selectman’s Board – Accomplished earlier in meeting.

8. Advertising costs for the Town Administrator and Approval of Advertisement – It was agreed that the ad should run as noted and that it should appear in the four newspapers listed on a staggered basis so that most days are covered.

9. Encumber $6,400 for the Salt Storage Engineer Fees – (LS) Motion and (EV) Seconded. Unanimous 3-0.

INFORMATION ITEMS

Chief Wharem, NH Police Association – The Board encouraged Chief Wharem to participate in the NH Police Association as Sergeant-at-Arms. He is to be congratulated for his interest and their interest in him.

Taxi Cab License – It was felt that the proposed information was too detailed to be used in Pittsfield.

Chief Wharem related that there are real concerns in relationship to uninspected vehicles being used for this purpose, as well as unknown drivers that have not been checked out picking up students and other individuals in unmarked vehicles. (AM) related that it should be simplified and that it should be known who is picking up these people and is the vehicle safe to be riding in and perhaps, a fee could be charged and a simple ordinance in this regard be enacted. If we find that stricter controls are necessary, it can be revised at that time. Chief Wharem related that he would revise the information and make it simpler.

This will be reviewed next week.

Letter from Tom Adamson – related a parking issue in relation to several drains located on street. It was agreed that this should first be visited by Bob and George and Town Administrator will contact them to review this situation. Board will handle it after report returned.

Town Hall Security Issue – (LK) related that last Friday Town Hall doors were left unlocked and several lights on after members of committee had left for the night. It was suggested that police cruiser should check on it during their nightly rounds. Chief Wharem agreed that this could be possible.

Budget – Ambulance/Fire Dept. – (LS) related that there was a question about moving some monies around in this particular budget. She will bring the particulars next week so Board can review it.

OLD BUSINESS

Paul Metcalf, parking at 21 Main Street – (PS) related that to date he has not received responses from the four individuals he contacted on this matter.

CHECK MANIFESTS

Payroll – (LS) Motion to accept payroll for week ending January 18, 2007, Seconded (EV) Unanimous 3-0.

Accounts Payable – Motion to accept accounts payable except for check No. 5877. (EV) Seconded. Unanimous 3-0.

APPLICATIONS AND WARRANTS

None

Warrant Article – Conservation – It was decided to proceed with this warrant article. (LK) Motion and (LS) seconded. Unanimous 3-0.

MINUTES

(LK) Motion to accept minutes of January 9, 2007, (LS) Second. Unanimous 3-0. It was agreed that the RSA would be added.

(EV) Motion to accept minutes of Non-Public, January 9, 2007, Second (LS)

Accepted 2-1. (LK) not accept minutes as noted.

OTHER BUSINESS

Chief Wharem requested that the account for the fuel for the generator at the Fire Department remain with Irving Oil since it is a small amount (25 gallons) and to change oil companies would be quite costly. All Agreed.

He also requested that Wendy return as administrative staff on an interim basis until a permanent replacement can be found. All Agreed.

(LK) requested (PS) to contact Ralph Odell in regard to the costs for the printing fees he requested for the Master Plan.

PUBLIC INPUT

Bob Elliott requested information on the Warrant Article – Community Revitalization Tax Relief and was advised it was passed. He also requested information on Ethics Committee findings and was advised that it was tabled to a future date.

Fred Hast wanted to know when the Board would open the non-public minutes on Pennachuck. He related that it is illegal to have it non-public and wanted to know what was discussed. (AM) related that this was not going to become public. Mr. Hast related that if he has to go further to get this information, he would, legally.

Mr. Hast wanted to know if the Warrant Articles would be available to the public for review prior to the public meeting. (AM) advised him that “yes” this will be available to the public. He also wanted to know about the Warrant Article concerning conservation and it was explained to him by (PS) it was to increase the number of alternate members. He also questioned that the Board is now able to purchase or sell land/buildings and wanted to know where the money would come from in regard to this. He was advised that at the present time, no monies have been allotted for this. He suggested that the $50,000 conservation monies be put into this fund, and if conservation requires the funds, it could be transferred back to them. He felt that if all the surplus monies were in one place, it could more readily be utilized for land/building purchases or other needs. (LS) stated she does not agree that this should happen.

He also wanted to know what the Adamson letter was in regard to, and it was explained to him. He also suggested that the printed material distributed by the Committee on Town Manager vs. Town Administrator be available to the public.

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Bob Elliott requested (LS) offer her thoughts on the “Conservation monies.” She explained that she felt these should be two different funds as that was the way they were earmarked and should remain that way. She agreed that some monies should be earmarked for the land purchase fund. (EV) related that the Town does own several pieces of property on the outskirts of the town and perhaps, one piece of property could be traded for another such as for parking area in town.

Merrill Vaughn suggested that monies could be put into a “high yield” investment. (PS) related that the town would be governed by State Statutes as to investment of monies. Profit from property always goes to general funds.

Chief Wharem related that there are FEMA matching grants available that would only require a letter of interest from the Town. Town would not have to commit to anything-just file a letter stating they may intend to use program. He suggested that the Smith Street area would be a wise choice since most activities are held at the field. (EV) related that maybe something like this could be used for a riverside park.

CLOSE PUBLIC INPUT

ADJOURNMENT

(LK) Motion to go into Non-Public pursuant to 91A:3 2a (employee) & c (reputation). (EV) Seconded. Unanimous 3-0.

8:00 P.M.

MinsSelect 1-16-07

MINUTES APPROVED:_January 23, 2007

Date

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Meeting called to order at 6:00 P.M.

MEMBERS PRESENT: Arthur Morse (AM), Chairman, Larry Konopka (LK), Linda Small (LS), Ed Vien (EV), Donna Keeley (DK), Paul Skowran (PS), Town Administrator, Delores Fritz, Recording Secretary.

PUBLIC INPUT
(LK) read letter to Board regarding public/non-public meetings regarding the meeting held on January 2, 2007 involving the new MRI contract. (See attached.) He felt that is was necessary to make a public apology and in the future, be more careful as to which matters need to be held in non-public session. (PS) related that from his perspective, generally Board of Selectmen negotiations/ discussing terms done in non-public session. The rationale being that you do not want the other party strategizing. (EV) if we had asked Paul to leave, we would have been alright. (LS) and (EV) both apologized if they were wrong concerning this and felt Paul should have left. (LS) related that she does not like the idea of having non-public sessions. (LK) related that in this case, right here, it is hard to defend it either way. (AM) related that normally a couple of things should be discussed in non-public. He related that the contract is public now, and essentially is what we want.

Merrill Vaughn related that for wheelchair access, it would be more convenient to have the Ladies Room as “Unisex” bathroom to accommodate the handicapped, as it seems larger than the Men’s Room.

Don Chase wanted to know why we are not having a public meeting on the MRI contract as we were told we would have at the last public meeting. (AM) I do not recall stating that we would have a public meeting on that but

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it is certainly possible that it was mentioned. Mr. Chase indicated that the

Statute 9lA:3 regarding Non-Public Session should be reread. It is easy, clear and is the Right to Know law. (He read from the Statute regarding non-public sessions.) None of these mention negotiating a contract. Only 9lA:3,

A-I and only collective bargaining is not covered in 91A:3. The Board should not be going into non-public sessions regarding anything to do with taxpayers dollars. It is noted on Agenda that the Planning Board Chair is to be non-public, and I disagree. He is a public employee and not entitled to non-public session. Why is the Dave Simpson matter being treated so sensitively? Mike Cyr and Bob Elliott matters were not. They were dragged through the newspapers. This is the public’s right to know.

Mr. Chase also noted that he had resigned from the Ethics Board, under pressure, and it was demanded that the matter be held in public session. When it comes to me, it was demanded it be done in public. (DS) I never demanded anything. Mr. Chase continued stating that in almost every meeting, items should not be put on Agenda if Board members have not received all pertinent information. It brings up questions to test your decision.

Pam St. Laurent related that as far as shoveling of the sidewalks, high school students in order to graduate have to perform community service. Perhaps, something like that could be negotiated for the Town.

Chief Wharem commented that the Fire Chief car is used for inspections, training, and to acquire medical supplies. It is cheaper than using an ambulance to do these things.

Denise Patterson requested to be allowed to do a quick survey of the room regarding whether MRI contract should be at public hearing. Yeas were pretty much unanimous. She related that the “public has spoken.”

She also read an article from the local paper regarding a cat named Lazarus as to how cats are discarded and abused.

Bob Elliott related that the Board should be out in the open and should be very clear and specific. He felt matters should not be brought in non-public sessions.

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Fred Hast related the Board will go into non-public sessions and “be very grumpy about it.” Specifically, the Pennachuck meetings were non-public. I think it should be public so that can hear and know what’s going on. Explain why Pennachuck was non-public? (AM) related that they were negotiating and that it would be detrimental to our own goal if it were a public session. This might be to the benefit of the Town.

APPOINTMENTS

Department Head Meeting:

Police Chief Wharem related that he was concerned regarding the training budget and had requested at 33% increase and got a $1,000 increase. He related that Cybercrime and threats over the Internet are increasing and require special expertise. Though he understands cut, but would like to see an adjustment for training purposes. He wanted some guidance in setting up an account for his incoming revenues and how the account could be developed so it could be used for emergencies but monies replaced and always have escrow amount in account. (LS) related that she was not sure how such an account should be set up. He related that he would like to have better ways to better document welfare fraud and is looking into that.

He related that Allenstown and Pembroke PD as well as Pittsfield are all facing some king of problems addressing drug use and sales in community. Grants can be utilized for underage drinking, etc.

Personnel: Officer Wilshire will be gone for 16 weeks due to military commitment. He also related that several people do not have Town ID’s, which should be updated in case of emergencies, as they would not be able to get to community center. He related the crime level and rate remains the same though accidents are down. He will make sure that weekly reports are forwarded, rather than monthly, and would be happy to sit down and explain them so that all would know what they are looking at. Busiest hours remain the same 2:00 P.M. to 2:00 A.M. dealing with commuters, school closing for the day, etc. All positions will be filled.

Lastly, he related that he had been requested by the N.H. Chiefs Association to be Sgt. At Arms. This would be a 3-4 year commitment and would like to have the approval of the Board to pursue this. His schedule would have to

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be arranged accordingly to allow time for testifying at Legislature, etc. (LK) requested that all this information be put into letter to the Board for review. Chief Wharem related that he would respect the decision of the Board in this matter.

Michael McLaughlin, Building Inspector

Mike reported that he would like to up his budget to $1,200. The current amount of $300 for car maintenance would not cover necessary oil changes and any purchases/repairs for the vehicle. (DK) Should we think about paying mileage or maintenance? Which is best, though generally, it is better to pay mileage. Mike questioned why HSA is under his budget. It was noted that the budget should be a collaborative effort on both parties to stay within the budget. It was suggested (PS) that he check with other towns and see how they handle this matter. Mike stated he would check. Mike related that since Fred Okrent gets paid per inspection, it affects the bottom line of his budget.

He related that he came to town as Building Inspector to do a good job, and he would like to keep politics out of his position and does not want to be part of meetings or personnel issues every week.

Gary Johnson, Fire Chief

Chief Johnson related that he is coming into a position where the budget already exists. He related that he is very pleased with the Fire Department and finds that the members/volunteers are exemplary. As far as the use of the car is concerned, he related that it is used for Emergencies – not only himself but also other authorized vehicles within the Department; Assigned Use – it is available to senior officer 24/7; Non-Emergency Use – instances where it is required by one or more individual use.

He related increase in call up by 10% which represents aging buildings, economic issues, and technology changes. He related that they would try to implement several program including Prevention/Public Education, Code Enforcement, Public Health Screenings (BP/CPR).

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George Bachelder, Road Agent

As far as budget is concerned, he related that he has overspent his budget by $14,000 but because of weather, monies from 2006 were available. He related that there is constant maintenance on many of the dirt roads due to commuter traffic and the various subdivisions. He suggested that Town should consider paving some of these roads that are getting constant traffic.

Ron Vien, Supt. Wastewater Treatment

He related that he would be meeting shortly with engineers regarding septage upgrade. He related that the permit expires 1/31/07 and the septage requirements have to be written into the new permit. He would like some additional information concerning the suggested “upgrade” and will call different towns and ask them what they are doing.

He related that his “people” do not get any overtime and would like the ability to do snow shoveling prior to their shift. It has been agreed that this will happen when Road Department is unable to do the snow shoveling due to plowing roads and other necessary commitments. (See Agenda Old Business, No. 4.)

PUBLIC INPUT

Mike McLaughlin related that Merle’s request for handicapped bathroom facilities is valid and Town is legally bound to accommodate this.

Jim Theodore inquired of the loan with Citizens Bank and was advised (PS) that the loan has been paid in full. He inquired of the school budget and was directed to contact Toby Eaton. (See Agenda – Information Items, No.5)

Chief Wharem inquired about the gazebo damage, and related he had some thoughts on the repair process. (EV) related that the lights on the gazebo will remain on all night via sensor. (See Agenda – Old Business, No. 3.)

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Dave Simpson related,, “I wish that all the Department Heads hadn’t left. I had discussed with George regarding the paving of Governor’s Road and how we couldn’t make them pave the entire road. I had spoken to Laura Spectre and she had a different opinion. I beg Department Heads to come to the Planning Board meetings when they have concerns, information, or training materials instead of complaining to you guys. Any time Department Heads get involved in a project, it only benefits the Town.”

Denise Patterson inquired as to when the Public Hearing on the MRI contract would take place. (AM) advised it would be scheduled.

NEW BUSINESS

No. 5. Planning Board Chair, to be in Non-Public Session.

(LK) related that he would like to see (DK) and (AM) recuse themselves but related that it was up to them. (LS) related she felt it was up to them as did (EV). (DK) related that she believes that checking with legal counsel as far as different relationships are concerned would be to the benefit of all. (AM) related that he does not have a personal relationship with Dave Simpson and that he should not be expected to recuse himself every time someone accuses him of such. He related that the Board has come to a conclusion and (DK) related that it would not be discussed additionally. (PS) stated that he felt that everyone was “polarizing” this issue. Since individuals reside in town, a great deal of these individuals know practically everyone in town. He understood that this is a sensitive issue and that everyone should put this issue behind themselves, have closure and move on.

(AM) and (DK) chose to remain seated.

Item No. 4: (AM) related Board of Selectman had looked into the matter and a decision has been made. (DS) was given the choice of having this public or non-public and he chose to have it public.

(AM) related to (DS) that his actions were improper. (DS) was dealing with a town employee and should have handled the matter in a more diplomatic manner. We would like to see some changes come about in this regard.

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(DS) related that he accepts the recommendations of the Board stating “I did not come across as level headed as I should have. I apologize.” (AM) related that the matter concerning the Building Inspector would be handled by the Town Administrator.

Item No. 6: Community Revitalization Tax Relief – (LK) suggested that a Public Hearing be held. It was agreed that a Public Hearing would be held on February 1, 2007 at 7:00 P.M. at the Elementary School Cafeteria. MRI contract would be available for review by public prior to meeting. Bob Elliott related that this matter should be discussed publicly as there were other people at the recent Public Meeting who were advised that a meeting would be held on this matter and therefore, it needs to be held. Board members agreed that it would not be necessary for Donald Jutton or Paul Skowran to be present. (EV) Motion (LS) Seconded. Unanimous 4-0.

Discussed the hiring of Town Administrator and (LS) Motion to Advertise, (DK) seconded and it was agreed that this would happen in several papers with a deadline response of March 1, 2007.

NEW BUSINESS

Item No. 1: Warrant Article – Elderly Exemptions – It was noted that the initial impact to taxpayers would be about $.18. This will be on the Agenda next week and (PS) will do warrant article.

Item No. 2: Warrant Article – Board of Selectman Land Purchase – (LS) Motion and (DK) Seconded. Unanimous 4-0.

Item No. 3: Warrant Article – Capital Reserve Fund – Motion to begin with a fund of $25,000. (LS) Motion to Accept. (DK) Seconded

Unanimous 4-0.

Short Recess at 8:45 P.M.

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Meeting resumed at 8:55 P.M.

Item No. 6: (LK) recused himself from Board at this time. (PS) requested Mike follow-up on this letter after receipt. After discussion, it was agreed that the fine should not be lowered. (LS) Motion deny request for reducing fine. (EV) Seconded. Unanimous 3-0.

Hilltop Drive – Sonny Sell – Approved as road on January 2, 2007. Again (DK) Motion to Accept (EV) Seconded. Unanimous 3-0.

(LK again seated on Board.)

(LK) related he had a request from Ralph Odell regarding final draft of Master Plan and would require, if possible, $650. Further information will be requested.

(LK) Merrimack Valley Reg. Water District meeting. Motion to nominate Fred Hast to be our representative, (LS) Seconded. Unanimous 4-0.

(DK) related that an additional alternate member is requested for the Conservation Commission. Currently have five full members and one alternate, need an additional alternate.

INFORMATION ITEMS

Item No. 2: Ethics Committee Findings – (LK) asked Bob Elliott if he would like to have this public or non-public since he concerns him directly. Mr. Elliott related that it was on the website already and it is a little too late to be doing it non-public. He had requested the Ethics Committee hear it non-public and he was denied. (Mr. Elliott read the findings of the Ethics Committee and agreed that it was the same one that he had received.)

The Board discussed that the opinion/recommendation should have been separately sent to Board rather than be integrated into the findings letter. (AM) noted that the letter had more in it than it needed and that perhaps, they would be wise to speak with legal counsel first. (EV) suggested they send it to counsel and then discuss it next week. (DK) Ethics needs to be made aware of this. (AM) suggested they send all the information including

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any questions Board may have to legal counsel.

Bob Elliott requested (DK) recuse herself as she has a personal/political interest. Mr. Elliott reiterated that he would like to have noted specifically in minutes that (DK) was requested to recuse herself.

Item 3 – Taxi Company Policy – Since information was just received, it was recommended that this be put on the Agenda as Information Item next week and as an Action Item after it has been reviewed.

Item 4: Assessing Company Letters of Interest – (PS) will contact companies and formally request proposals.

PUBLIC INPUT

(DC) intervened and related that he had just recently processed several complaints and also paperwork to the Superior Court. He related that he now feels after hearing (PS) response regarding polarization that it would be prudent to withdraw these complaints and will do so at this time. He agrees that the Town should move forward and is not going to file petitions.

OLD BUSINESS

Item 1.: Paul Metcalf, Parking – (PS) sent memo out regarding Parking. A short discussion ensued regard rationale for parking spaces in question. More information is required and that will be requested of Mr. Metcalf.

Item 2.: Part-Time Employee Benefits – Since a real plan has not been developed, this was taken off Agenda until a plan can be developed.

CHECK MANIFESTS

(LS) Motion to accept payroll and accounts payable check manifests, (DK) seconded. Unanimous 4-0.

APPLICATIONS AND WARRANTS

Item 1: Intend to Cut, 39 New Orchard Road (Map R53, Lot l9) – Motion to Accept (LK), seconded by (EV) Unanimous 4-0.

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MINUTES

Motion to accept Public Session Minutes of January 2, 2007(EV) Seconded by (DK), Unanimous 4-0.

Motion to accept Non-Public Session Minutes dated January 2, 2007 by (DK) and seconded by (LS). (Corrections to be made in non-public session.)

Unanimous 4-0.

Motion to go into Non-Public Session (DK), seconded by (LS).Pursuant to 91A:3 2a

Unanimous 4-0.

ADJOURNMENT

Public Session adjourned at l0:30 P.M.