January 17, 2012 Minutes

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

MEETING MINUTES OF TUESDAY, JANUARY 17, 2012

CALL TO ORDER

Call to order at 6:00 P.M. by Ed Vien, Chairman.

MEMBERS PRESENT

Ed Vien (EV), Chairman, Denise Morin (DM), Vice-Chairman, Fred Hast (FH), Paul Rogers (PR), Gerard LeDuc (GL), (Arrival at 7:29 P.M.), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

Dan Schroth: Does the Board need another couple of weeks to watch the documentary, “Here to Infinity?” Board noted that they did.

Also, I have a confession; you know I do not get any permits, but Denise is one of the most law-abiding citizens I know. You should lift the administrative order. You have the wrong person. She does all that stuff. I realized it after I thought about it. You have got the wrong person, lift it on her.

Regarding the Ethics Committee, I am petitioning to get rid of the Ethics Committee. They have a complaint before them which you may have to hold until a new Ethics Committee is elected. I am not going to the meetings any more.

Close Public Input

AGENDA REVIEW

(FH) Non-Public – Personnel, Non-Public Minutes; (PS) Appointment/Hank Fitzgerald Re: Planning Board, Winter Maintenance of Town Hall Entrance and Ramp, Board of Selectmen to Establish Policy for Utilization of Housing Inspector in Non-Housing Standards Matters, Warrant for Abatement of Sewer User Fees $559.30) and Non-Public – Union Negotiations, Town Memorium.

NEW BUSINESS
ACTION ITEMS

1. Conservation Commission/Purchase of Greely Property

Mark Wallace: The Conservation Commission had its Public Meeting regarding the Greely property which is to be kept in its natural state. It is a unique piece of property and a unique opportunity. It was voted to support this effort and now it is before the Board of Selectmen.

Board questioned the vote (unanimous), number attending the Public Hearing (6-7), the asking price ($30,000), and the monies available in the Conservation fund ($78,000). (FH) Have the sellers every considered giving it to the Town?
Mark Wallace: They are not in a situation where they could do that now. There is additional land out there and there might be a bequest after they are deceased. He explained the location of the land and how it “abuts the pond” though he was unsure about the number of feet of frontage.

(EV) Board needs to make a decision on the purchase of this land. (PS) It should be noted that according to statutes, this Board can only provide approval of purchase.

(DM) Motion to approve purchase of Greely property by the Conservation Commission. (PR) Second. Carried 3-1 (FH).

2. Letter from Planning Board Re: Citizen Petition

(PS) This is a letter the Board received several weeks ago which the Board did not have the opportunity to address from Ted Mitchell, Chairman, Planning Board.

Ted Mitchell: The Planning Board wanted clarification from the Board of Selectmen. (PS) Let me share with the Board, I referred this to the Town Attorney and there is nothing wrong with the language in the petition. In reading question No. 2: If the petition is in correct warrant article form and the Town meeting adopts the proposal, then how would the zoning ordinance read as a whole? (See attached.) The Board is obligated to put on as a Warrant Article and is not responsible to explore how the Petition and/or Warrant Article blends into the current Zoning Ordinances.

(EV) Is this sufficient to answer your question? Ted Mitchell: “Yes.”

3. Discussion Re: Potential Acceptance of a Vehicle for the Police Department

(PS) Selectman LeDuc requested this be on the Agenda, but because of work restrictions, it will be addressed later in the meeting upon his arrival.
Chief Wharem agreed.

4. Transfer to the General Fund from the Ambulance Fund in the Amount of $50.00

(DM) Motion to approve transfer to the General Fund from the Ambulance Fund in the amount of $50. (PR) Second. Carried 4-0.

5. Transfer to the General Fund from the Ambulance Fund in the Amount of $19,562.45

(PR) Motion to approve transfer to the General Fund from the Ambulance Fund in the amount of $19,562.45. (DM) Second. Carried 4-0.

Discussion: This is for payroll for the Ambulance Department.

6. Transfer to the General Fund from the Drug Awareness Expendable Trust in the amount of $5,520

(PS) This includes $5,000 to the Pittsfield Drug and Alcohol Coalition and $520 to the Pittsfield Community Center for rental fees for NA meetings.

(PR) Motion to approve transfer to the General fund from the Drug Awareness Expending Trust in the amount of $5,520. (FH) Second. Carried 3-0.
(DM) Abstain.

7. Transfer to the General Fund from the Town Clock Expendable Trust in the Amount of $130.

(PS) This is for light bulbs.

(PR) Motion to approve transfer to the General Fund from the Town Clock Expendable Trust in the amount of $130. (DM) Second. Carried 4-0.

8. Transfer to the General Fund from the Ambulance Fund in the Amount of $25.55

(PR) Motion to approve transfer to the General Fund from the Ambulance Fund in the amount of $25.55. (DM) Second. Carried 4-0.

Discussion: This is a refund from billing at Concord Hospital.

PUBLIC HEARING

6:20 P.M.: Public Hearing to Rescind 2007 Town Meeting Authorization to
Borrow and Expend the Amount of $810,740 for the Purpose of
Constructing a Regional Septage Pretreatment Project.

Public Input (6:21 P.M.)

Dan Schroth: It sounds like a good idea. On South Pittsfield Road there are too many trucks. (PS) The WWTP does not accept any out-of-town septage anymore. This was stopped a couple of years ago. This is the second bond issue authorization.

Dan Schroth: We tried it and it did not work.

Close Public Input (6:23 P.M.)

Board acknowledges approval that this will be a Warrant Article placed on the agenda at Town Meeting.

New Business – Action Items Continued

10. Town Attorney Directive Re: Dissemination of Town Attorney Correspondence

(PS) This notice is from the Town Attorney as part of the Right-to-Know Law. I will be getting further clarification from the LGC on this. (PS) read into the Minutes the Notice of Supreme Court Decision (Ettinger V. Town of Madison) dated January 5, 2012. (See attached.) (FH) noted that this directive affects us a Board. (PS) This information can be disseminated but not discussed unless Town attorney is present or available via some other means.

11. Non-Public Minutes

(FH) This Board should review past Non-Public Minutes and decide whether they should remain in non-public. Board should go through at least the last two years before the next meeting to determine which Minutes can be released as public minutes. We have not gone through these in at least five or six years. The Board has this responsibility. (DM) I will start looking through them. (PR) I will need a little more time and at least a couple of meetings. (EV) We will start with one year.

12. Appointment with Hank Fitzgerald Re: Planning Board

Hank Fitzgerald: You have the letter which I have written regarding the problems going on with the Planning Board. (See attached.) At the present time they are violating certain laws. I have asked Dee for copies of the last six months of posted notices pertaining to meetings; two out of fourteen are illegal. This is part of how Chichester got caught. I have brought this to the attention of the Planning Board but they have not addressed it. Also, the February 2nd Public Hearing was discussed at length at the Planning Board meeting. The PB voted to not push forward with the frontage amendment and after that vote the recorder went “spastic” and the meeting ended. One member was reproached for his vote. A member challenged something I did as building inspector and I asked for copies of this information. On Monday I talked to Ted Mitchell and he stated he had the paperwork on this. He noted he was going to proceed to hold the meeting on the 12th. On Friday the 13th, Jim Pritchard and Ted Mitchell wrote and posted two meeting notices on the frontage amendment. They tried to hold one on January 12th but shut the meeting down. Until the Board votes to re-address it, it cannot be scheduled for a Public Meeting but they rushed to post it to meet the February 7th deadline.

Procedures are important and they violate them presiding over private meetings. Mr. Pritchard blatantly writes things his way and writes what he wants the Minutes to say. I heard a citizen say “Is this it?” and both Ted Mitchell and Jim Pritchard said “It is written in stone,” and now they are trying to re-open it. What you have is Board ignorance of RSA’s. They are proceeding the way they want to in order to get things done. They have been elected and feel “bulletproof.” Under
RSA 673:13 (see attached) both elected or appointed members can be removed from the any Board by Board of Selectmen.

After the public hearing, Ted Mitchell felt he was being a coward which he discussed with two other members. After I discussed with the Secretary of State, they felt what it was best to do was for Board of Selectmen to draft a Warrant Article to go back to a seven member board. You have the right to rescind an elected board. What I am saying is that the Secretary of State and the Assistant County Attorney do not have the funds to investigate the Town’s problem.

I am kind of upset that Gerard LeDuc is not here as he is fully aware of what is happening on Planning Board just because they want it to happen. We all know what happened to Chichester when the Supreme Court deemed they had to correct all improperly posted meetings. I brought up with Mr. Pritchard the situation that occurred with Sonny Sell and made the Board aware of their past history – which is not in the Minutes. The Minutes are atrocious and we need to work this out.

(DM) I would like to hear Selectman LeDuc’s comments on this.

13. Winter Maintenance of Town Hall Entrance and Ramp

(PS) Board needs to determine which direction they would want to move towards assigning responsibility for winter maintenance on the entrance to Town Hall and handicapped ramp. The Ethics Committee had a meeting scheduled for Friday night and the ramp was not clean. The Chairman of the Ethics Committee took umbrage to that. The rational approach would be to retain someone to maintain the entrance and the ramp in winter. You cannot address it assuming that someone may/may not be here at the particular time of need.

(PR) Who does it now? (PS) It is a hit and miss situation. Mr. Vaughan is prepared to file a complaint against the Town if the ramp is not maintained.
(PR) It should have been taken care of in the morning. (PS) The question is who do you wish to assign to this? It was suggested that the Highway Department could maintain it. (PS) You can assign this to that department.

Public Input

Larry Konopka: What about the Workforce Program within the Welfare Department? (PS) The Workforce Program is not something you can count on for this type of job. People are eligible and then they complete it and then you are without someone again. Larry Konopka: You could always have three names and pull from the list. On Friday, the stairs were atrocious and I took care of them. (PS) I am not here all the time. Larry Konopka: I did them because I was here. (PS) We are always scrambling for someone to do them. We certainly would entertain any volunteers to do it.

Theresa Palmer: What about students from the school as community service? Have the kids sign up. Why waste the money to pay someone. Why not the people who work in the Town Hall; they were here on Friday. I have disabilities and I still lift a shovel.

(PS) This is not something that can be timed. Kids would be in school. Board can do whatever they want.

Theresa Palmer: There are many ways if you are willing to put it out there.
(PS) To date, we have not been successful.

Jesse Pacheco: Who plows the parking lot? (PS) The Highway Department. Jesse Pacheco: Why not have the Highway Department shovel the stairs and the ramp? (PS) The Board can direct them to do that. Jesse Pacheco: Get a small blower for that purpose. (EV) What kicks in is your variable. Typically, no one has meetings here on Friday. There was an exception to this and they met on a Friday. Jesse Pachco: Have the meeting members come and shovel it.
(DM) Fridays we are open for business. Jesse Pacheco: If you say the Highway Department has to do it, then you will not have to worry about it.

(PR) I recommend if Highway Department plows then they should do the ramp. We could get shovels for Town Hall members. Maybe we need to add it to the job descriptions. (EV) Temporarily, we will ask George to do ramp and steps and look into it deeper. (DM) This is something that might need to be done several times during the course of the day.

Close Public Input

14. Town Hall Parking Lot

(FH) Paul brought up last week about individuals parking in the Town Hall parking lot, have you checked with the Chief on that? During the summer it is not a real issue but in winter it can be. Chief Wharem noted that this is being taken care of and will be done on a yearly basis. The first time will result in a warning and second time a ticket will be issued. (PR) I have talked to the Chief and officers on at night will follow through with this.

15. Board of Selectmen to Establish Policy for Utilization of Housing
Inspector in Non-Housing Standards Matters

(PS) It has been brought up to me that Fred Okrent has been asked by someone to assist with matters that are not Housing Standards related and the question was passed onto me as to the question of liability. Yes, there is a liability issue. The question before the Board is: Do you want the staff to ask the Housing Standards Inspector to participate in non-HSA responsiblities? (PR) I would rather they ask Fred Hast or have the Building Inspector do it himself to “get his feet wet.” (FH) I have asked Fred Okrent to do some Building Permits. (PR) I would think Fred Hast and then have the Building Inspector do it. Why not utilize what we have? (EV) It should first be the Building Inspector, then Fred Hast, then the Board of Selectmen, if possible and fourth Fred Okrent if needed, which makes sense to me.

(PR) We should go into the houses we have taken, change the locks on them and try to move forward with this. We should see which ones we can get bids on, put in paper and then get going with the bids.

(DM) For now rather than establish a policy, we are assigning verbal responsibility – chain of command.

16. Warrant for Abatement of Sewer User Fees in the Amount of $559.30

(DM) Motion to approve warrant for abatement of sewer user fees in the amount of $559.30. (PR) Second. Carried 4-0.

3. Discussion Re: Potential Acceptance of a Vehicle for the Police Department

Chief Wharem and Officer DiGeorge were present.

Chief Wharem: He explained the vehicle is being donated to the Town by the Police Association as a canine vehicle (Chevrolet Tahoe – $47,500) and the equipment required would cost approximately $13-14,000. The goal after acceptance of the vehicle would be zero tax impact to the Town.

Officer DiGeorge: He noted that they had compared the Chevy Tahoe with the Ford Escape including job performance, wheel base, tire size, possible repairs, engine size and gas mileage, and felt that the Chevy Tahoe would be better suited to department needs.

(EV) Is the dog licensed? Officer DiGeorge: Yes and will be duel licensed (Pittsfield and Litchfield residence).

Public Input

Dan Schroth: What happens if the dog is here and starts sneezing or what happens if the dog alerts on someone? What happens if I am walking down the street and the dog smells marihuana on me? Officer DiGeorge explained the scenario of what would happen in these situations which would start with merely discussing with individual. This is a work dog not a social dog.

Phyllis Buatti questioned where the dog lives. Officer DiGeorge explained he lives at his (Officer DiGeorge’s) home and explained his living environment.

Paul (?) questioned whether the vehicle would be used for other purposes?
Chief Wharem: “No.” It was noted that this vehicle contains special equipment and would be used only for that purpose.

Mitchell Emerson: This is being donated to Town by Police Association.
Chief Wharem: “Yes” and delivery date is approximately February 7th.

Joe Darrah: So, the purchase of vehicle and the equipment has all been donated? Officer DiGeorge: “Yes.” Jesse Pacheco: Is the training going to cost the Town? Chief explained that the officer and the dog have already been trained.

Larry Konopka: What about replacement of the vehicle in three or four years? Chief Wharem: Town is on a five year cycle now. At that time, the Town can replace it or not.

Bjorn LaVoie: Is money being donated yearly for fuel? Officer DiGeorge: There are numerous donors for fuel, medicine, food and other needs. Chief Wharem noted that the canine is assisting with the drug issue in Town. We have the option to expand this service without it being part of the tax impact. The next Board may decide it is not wise and may choose not to continue it. Eric Nilsson: You have a Crown Vic outfitted. Can the back seat transport people? Officer DiGeorge explained that this is not a viable means of transporting because of the size. In all the vehicles looked at, none of them supply sufficient room to transport a person and would require an additional $900 even for a two-thirds transport back seat.

Paul Vien: You have the dog registered in two towns. Can the animal be used in other towns? It was explained that the dog is registered in Litchfield as a courtesy since that is his residence and yes, the dog can be utilized in other towns.
Chief Wharem: We are working out a schedule so towns can use the animal at other times. Mitchell Emerson: You have donations and the Police Association is donating the vehicle.

Scott Palmer: Officer DiGeorge, if you leave the Police Department does the vehicle stay with you? Officer DiGeorge: Pittsfield owns the vehicle.
Chief Wharem noted that Officer DiGeorge has contracted with the Town for four years at which time the dog may/may not be ready to be retired. Usually six years is the work expectancy of the animal.

Linda Small: This is a work dog. You are with the dog all day? He cannot be transferred to anyone else? Chief Wharem: He works a regular shift and dog remains only with him.

Scott Palmer to the Board: What is the reason that you were thinking about another vehicle instead of the Tahoe? It was explained that Selectman LeDuc had some concerns about the cost of the vehicle and if it was the right vehicle.

Jesse Pacheco: What kind of impact has the animal had so far? Officer DiGeorge and Chief Wharem explained that he had been instrumental in several burglaries which led to other thefts being solved, assisted in a threatened suicide as well as an individual sought in the woods with firearms in Epsom.

Close Public Input (7:42 P.M.)

Officer DiGeorge and Chief Wharem left meeting at 7:43 P.M.

17. Town Memorium – 2011

(PS) The Town Clerk has suggested several individuals for the 2011 Town Memorium.

(DM) Motion to approve Ralph VanHorn, Barbara Bouchard, Margaret Jenisch and Ogden Boyd, Jr. to be noted in 2011 Town Report Memoriums. (PR) Second. Carried 4-0.

9. Review of Draft Warrant Articles

(PS) In your packet of information, you will find draft Warrant Articles as proposed by the Board for 2012 for your review. This is the draft copy and there are several changes that will be made. I will refine this and present to Budget Committee.

Gerard LeDuc arrived and was seated on the Board (7:31 P.M.)

INFORMATION ITEMS

None.

OLD BUSINESS

1. Selectmen Representative to Pittsfield Drug & Alcohol Coalition

Pending.

2. Status of Tilton Hill Road Property Clean-up

(PS) I have discussed with George and currently there is one dumpster that is full and another one that has been half loaded – except for the house. The house remains as it was until estimates can be acquired for the asbestos removal.

3. Board of Selectmen Discuss/Take Action on Service Contract for WWTF Generator
4.
(FH) Do we have a service contractor on the rest of the generators? (PS) Yes. (FH) The WWTP has about five or six. (PS) I believe Ron Vien does servicing on those, but I will check with him to make sure.

CHECKS and MANIFESTS

(DM) Motion to approve Payroll and Check Register. (PR) Second.
Carried 4-0. (GL) Abstain.

(DM) Motion to approve Accounts Payable and Direct Deposit. (PR) Second. Carried 4-0. (GL) Abstain.

MINUTES

1. Public Session Minutes of January 3, 2012

(GL) Motion to approve Public Session Minutes of January 3, 2012.
(PR) Second. After Discussion: Carried 4-0. (DM) Abstain

Discussion: (FH) related that at last Board meeting it was noted that (PS) would check if any permits had been pulled to allow trailer/camper on Tilton Hill Road to allow camper to be there and/or allow use of wood stove. (PS) noted that the BI was researching this.

(FH) Also, the Ethics Committee – have they now submitted past Minutes?
(PS) Yes. Minutes are posted on bulletin board as DRAFT Minutes.

2, Non-Public Session Minutes of January 2, 2012

(GL) Motion to approve Non-Public Session Minutes of January 2, 2012.
(PR) Second. Carried 4-0. (DM) Abstain.

OTHER

(GL) questioned whether Board had addressed Hank Fitzgerald’s letter regarding the Planning Board. Board noted that they had. (DM) What is your opinion? (GL) My opinion is simple. The Frontage Amendment was voted down. To post another Public Hearing on this without re-opening the matter to the Planning Board is illegal. My opinion would be that they are urged not to go forward which I think is Laura Spector’s opinion.

PUBLIC INPUT

Ted Mitchell: Before I leave, I wanted to relate that after the Planning Board meeting, which was rather tumultuous, I had a discussion with Jim Pritchard regarding his personal situation and how to handle things. I reiterated with him that my vote did not intend to kill the amendment. I am waiting for further information on how Zoning voted in the past to determine if amendment should be “killed.” In addition, I am waiting now to hear from LGC on the situation as to where it stands. I will not proceed if LGC states it is improper to reopen Amendment No. 3.

Hank Fitzgerald: Ted Mitchell did bring it up about holding one more Public Hearing. You need to follow the rules. You cannot discuss it if you do not like the outcome and then come back and change it. Ted Mitchell voted against it; he did not schedule it for a date certain in the future. It is an illegal meeting. Meetings are not being run by Ted Mitchell but by Jim Pritchard. You have a problem here and are going to create a bigger problem.

Dan Schroth: You are laying off three people but purchasing a piece of land that is already protected. You cannot keep acquiring things and spending money. You are paying $33,000 to protect a piece of land that is not going anywhere and is already protected. (PS) I do not want to leave the impression that it is this Board that is purchasing the land. The Town at the Town Meeting gave the Conservation Commission control over Conservation funds. (DM) Town gave their rights up. (PS) The Board of Selectmen has no access to these funds.

Dan Schroth: That attorney ruling, never ask an attorney anything; go to the LGC. What Hank suggested is good, this Planning Board sucks, but that doesn’t mean others will.

Mitchell Emerson: I went to the Planning Board meeting recently. One person was really rude and I complained. I went up to the gentleman during a break and told him he had to be better with the public. The whole time I was talking to him, his personal recorder was on. My complaint did not make the Minutes. He said “Mitchell Emerson apologized to me (Jim Pritchard.”) He should not do that. I talked to him again and now I have received a letter of apology in the mail. The Minutes are not accurate. I would like you guys to look into it. They are not accurate and it is not fair. Some outside source should be doing the Minutes.

Phyllis Buatti: I have a complaint about Fred Okrent. He mailed a letter to my tenants about the building. My inspection is not due until next summer. It was very unethical of him to do that. Her son, Mr. Genest, noted, “My mother is confused as she does not know why this was done.” (EV) HSA is separate from this Board. Bill Elkins: Whatever the issues were, two or three certified letters were sent and she never responded. That is the only reason these notices were sent out to the tenants. If she responded to the certified mail, this would not have happened. Mr. Genest: Fred Okrent intends to yank all our licenses. We care about tenant safety. Phyllis Buatti: This is uncalled for and there are monetary damages. It is very humiliating. The notice is in the paper that on February 13th they are going to pull my license. Fred Okrent is not good for this Town. He told me to bulldoze my property on Main Street. Bill Elkins: Fred only works for this Board.

(EV) Board has heard many, many times about things like this. It is not the first time.

Larry Konopka: An appointed Planning Board would be better for Town and a seven member board. Why not put a Warrant Article on and let the people decide. I think a seven member board works better.

Bill Elkins: Another landlord did not get noticed with seven apartments on Crescent Street which was condemned. The landlord is in Florida. The Town put them up with the help of Larry Konopka and Nick Abell. We had no idea the property was not livable. You can thank Larry for finding accommodations for three families.

(PR) How are we going recoup these funds? (EV) A lien on the property will recoup our costs.

Close Public Input (8:23 P.M.)

Break 8:24 P.M. Resume at 8:28 P.M.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 8:30 P.M.

Board returned to Public Session at 8:45 P.M.

(GL) Motion to seal Non-Public Session Minutes of January 17, 2012.
(PR) Second. Carried 5-0.

BOARD OF SELECTMEN MEETING

(GL) Motion to approve Board of Selectmen meeting on January 31, 2012 at
6:00 P.M. (PR) Second. Carried 6-0.

OTHER

(GL) What about Larry Konopka’s recommendation for a seven member appointed Planning Board? (EV) I like an appointed Board. (GL) After observing the five-member Board, it is my opinion that one man is running the board (Jim Pritchard) and writing minutes, which do not reflect what happened at Planning Board meeting. (PS) to check if this can be accomplished. (DM) I would like an elected Board and not an appointed one.

(PR) What do we do about Dan Schroth not getting permits? He says he has all those businesses up there. (EV) This is a Code Enforcement issue. (PR) He says he has five businesses up there and he has done nothing. (PS) This is under code enforcement. (EV) We have to fix that first.

ADJOURNMENT

(PR) Motion to adjourn. (GL) Second. Carried 5-0.

Meeting adjourned at 8:53 P.M.

Approved: January 31, 2012

__________________________ ________________________
Edward Vien, Chairman Date

I hereby certify that these Minutes were recorded by me, transcribed and publicly posted on January 20, 2011.

_____________________________________
Delores A. Fritz, Recording Secretary

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