January 22, 2008 Minutes

TOWN OF PITTSFIELD
BOARD OF SELECTMAN
TOWN HALL, 85 MAIN STREET
PITTSFIELD, NH 03263
_____________________________________________________________
MEETING MINUTES OF January 22, 2008
CALL TO ORDER
.
Call to order at 6:00 P.M., by Larry Konopka, Vice-Chairman.
MEMBERS PRESENT
Arthur Morse (AM), Chairman, (Arrival at 7:55 P.M.) Larry Konopka (LK),
Vice-Chairman, Linda Small (LS), Ed Vien (EV), John Lenaerts (JL), Leon
Kenison (LKe), Town Administrator, and Delores Fritz, Recording
Secretary.
MEMBERS ABSENT
None.
PUBLIC INPUT
Fred Hast related that he wanted to comment on the performance we
observed last night at the Planning Board meeting. “John, you were on the
Planning Board for twelve years and you stated you never read the Zoning
Ordinances. See all these pages where we tried to make some changes,
some fifteen different amendments. Then we got this package and said,
“No.” We will make our own definitions. In 1985, we adopted the five
zones – Urban, Suburban, Rural Commercial, and Light Commercial and in
that we deleted Manufactured Home Parks, which was left in here and we
deleted it, and made the change to Mobil Home Parks.
On the new proposal, it explains the Manufactured Home Park and all the
criteria almost word for word and Planning Board granted it. How much
time did you put into this?” (JL) noted if you go to Table II Mobil Home
Parks are not allowed. I picked it up myself. Mr. Hast noted it is a waste of
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time and money. We should not have Bill Miskoe. (JL) noted, “You are not
in charge.”
Dan Schroth noted that last night’s Planning Board meeting was a fiasco.
The Planning Board Chairman went behind the backs of the Planning Board
members. The Board did not grant him authority to do that. Send him the
counsel bill. It was a complete and total waste. Bill Miskoe has no value.
He spends our money but if it were his money it would be different.
The Planning Board needs an Administrator. The Building Inspector
prepared a letter regarding the Zoning Ordinances changes and the Chair
discarded it. The Planning Board needs someone to oversee it. We’d save a
lot of aggravation.
Denise Morin noted that currently the Veterans Tax Credit is $192 in our
Town. “Do you know the numbers of veterans in surrounding towns?”
(LK) noted that it has been 18 years since the credit has been updated. He
did not know how many veterans were in other Towns.
Someone in audience also questioned whether this was just for veterans or
covered widows of veterans also. (LK) noted that this would include
widows but should be checked in the State Guidelines.
AGENDA REVIEW
(LS) Non-Public – Employee, Inquiry on the On-Call for Fire Department.
(JL) Non-Public – Employee. (EV) Inform on Numeric Tally on Warrant
Articles. (LK) Budget Suggestions Re: Fire Department, Website
Committee and WMUR Channel 9, Planning Board Job Description and
Non-Public – Employee
APPOINTMENT
6:30 P.M. Steven Heavener, Director, Capital Region Development
Council.
(LK) Since it is early and Mr. Heavener has not yet arrived, we will continue
with the rest of the Agenda.
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NEW BUSINESS
ACTION ITEMS
1. Acceptance of Speed Trailer Reimbursement
(LKe) I understand that about two years ago, Pittsfield Police Department
worked with Epsom and Chichester initiated the seeking of a grant for a
Speed Trailer, which basically sits beside the road and flashes on a sign the
speed limits of passing cars. The grant was obtained. The Towns agreed to
share costs and it was acquired. Epsom has paid their s hare, as has
Chichester and the checks have come in.
(EV) Motion to approve acceptance of Speed Trailer Reimbursement. (LS)
Second. After Discussion: Carried 4-0.
Discussion:
(LS) noted that the checks are dated December 2006 and May 2007
respectively. “Have we held onto these checks all this time?” (LKe) noted
that they had just arrived from the Town of Chichester. I’m told that Epsom
ran it as a single check through Chichester. (LS) In other instances, we have
held onto checks waiting to deposit them all at once. They should be
deposited right away and not held onto. I question these. “Is it against the
expenditure line?” (LKe) Yes. T/A agreed that he would look into it.
2. Welfare Lien – Map U-01, Lot 57
(LS) Motion to accept Welfare Lien – Map U-01, Lot 157. (EV) Second.
Carried 4-0.
3. Welfare Lien – Map U-03, Lot 125
(LS) Motion to accept Welfare Lien – Map U-03, Lot 125. (JL) Second.
Carried 4-0.
4. 2008 Budget Adjustment – Unemployment Compensation
(LKe) We have been notified by the carrier that the price for the current year
is more than was budgeted. We engaged them in July, which was half way
through the year, and now these are the final numbers.
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(LS) Motion to approve the additional amount for Unemployment
Compensation. (EV) Second. After Discussion: Carried 4-0.
(LS) noted that claims they say are out there are not ones we paid. The
claims cannot be that high. (LKe) noted that through their experience that
this is a projection.
5. Trust Funds Acceptance: Florence Batchelder Scholarship Fund &
Berkson-Carbon Perpetual Care
(LKe) noted that these are ones that have been discussed before. The
Florence Batchelder Scholarship Fund in the amount of $54,907 and the
Berkson-Carbon one for $5,000.
(EV) Motion to accept both trust funds: Florence Batchelder Scholarship
Fund and Berkson-Carbon Perpetual Care. (JL) Second. Carried 4-0.
6. Website Committee
(LK) Last night the Website Committee members came in for a meeting and
had no key to lock up. I suggest we give him a key and the code.
(JL) Motion to give Website Committee Chair Clayton Wood a key and
code to Town Hall. (LS) Second. Carried 4-0.
7. Fire Department Budget
(LKe) After looking at some of the Warrant Articles and discussion during
Budget preparation, the alarm system was to be removed and the Town
buildings supplied automatic dialers and then use fund for alarm repair. To
do it that way, we would have to go back to Town Meeting and would need
a 2/3 vote. To get there, we could apply cost of dialers and do away w ith the
reserve, which would go back to the General Fund. I suggest that we add
$2,000 to the Fire Department line item – alarm system response – and make
$2,500 available.
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(LS) Motion to add $2,000 to Fire Department line item – Alarm System
Response. (EV) Second. Carried 4-0.
(EV) questioned how much has been spent on the old system. (LKe) noted
he was uncertain but the old system was brittle and needs work. We are
hoping it will be closer to $500 as we do not want to throw a lot of money
into something that is potentially going to be taken out.
(Lke) My second point is a suggestion by Budget Committee that we take
overtime from the Ambulance Budget and assign that to ambulance
replacement and increase the amount in the Ambulance Replacement Fund
from $44,000 to $62,000. This essentially frees up monies.
(LS) Motion to increase the amount in the Warrant Article from $44,000 to
$62,000 and reduce Ambulance budget overtime from $18,000 to $1.00.
(EV) Second. Carried 4-0.
(LS) noted that the more we play with this, the more complicated it gets. It
is an unclear Warrant Article. It is unclear to Town residents what the
money is for. I would suggest that a percentage of this budget should be
taken out of the operating budget. It is something to consider. It is overtime
– this fund should pay for itself. It should be clearer. (EV) noted, “Can we
change these figures? It lapses in 2009.” (LS) We just wrote it. “What do
you think, Leon?” (LKe) noted the original article transfers monies from
Ambulance to Fire Department at no cost to taxpayers. (LS) It is not really
clear and the history wasn’t that easy. We can talk about it for next year and
do something then. It should be in black and white so we know what we are
doing. (LK) We should leave it as is and work on it for next year. (LS)
questioned whether we should eliminate the $18,000 out of the Operating
Budget? (LKe) noted all but a $1.00 just so account line is left. (LS) “How
does the Budget Committee feel about this? (Lke) noted that they
recommend it. (LS) Between now and the next budget season, we should
clear this up in writing. (EV) noted that it should be hashed out before the
budget season.
APPOINTMENT 6:30 P.M.:
Mr. Heavener introduced himself to the Board. Board members were
introduced to him and (EV) noted that various committee members such as
Economic Development, Planning Board, Zoning Board, Chamber of
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Commerce, and various bank representative were also in the audience. He
noted that the Town has been looking for someone to help them and all
parties here were very interested.
Mr. Heavener explained his business background explaining that he had
worked in New Jersey, Maine and other parts of the United States. He noted
that he had been in Northern New England for some twelve year during
some really tough times. He explained that the Capital Region Development
Council assists in local economic development for cities and town as well as
some non-profit groups working with mostly smaller communities. He
noted that they mainly target small businesses and noted that banks are
involved at some level. Usually, 50% from bank, and about 40% of CRDC
monies are utilized. Projects usually range in the $100-200,000 area and
referrals are from banks, accountants, lawyers, etc. Typically, the Town or
we identify a project and we work with the private sector on this. The town
puts up some of the infrastructure costs and we assist. Most towns do not
have a lot of money. Our services are done on a fee basis. We come in and
help strategize projects. The biggest challenge is that there are more projects
than can be funded by developers, and we prefer to work with developers
who live within the communities. We can help identify projects and reduce
some of the risk. What we try to do is bring in a different set of resources
and projects. My job is to facilitate deals to come to the table. We make
the deals happen. We are not a planning agency; we are dealmakers. Town
leadership needs to be behind us.
I do not know Pittsfield and would suggest a tour of the Town first and then
meet with the Economic Development Committee. (LKe) can connect me
with those individuals and committees I would need to meet with.
Helen Schiff questioned what the difference would be of going to a bank for
a small business loan. Mr. Heavener explained the differences to her.
(LKe) will contact him for this purpose of scheduling.
8. Numeric Tally on Warrant Articles
(EV) noted that after checking around, it would be a good idea to put a count
on the Warrant Articles as to the vote for approval/non-approval by the
BOS. It needs to be passed at Town Meeting. It would be a good idea for
citizens to see what the actual vote was.
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INFORMATION ITEMS
1. Meeting with Landlords – January 30, 2008 at 9:30 A.M.
(LKe) A letter has gone out to landlords regarding a meeting here at Town
Hall on January 30th at 9:30 A.M.which will identify some of the events at
particular properties and answering any questions and addressing concerns.
(LS) questioned whether this was based on the efforts of (LKe) and Chief of
Police? (LKe) “Yes.”
2. Opportunity for Single Stream Recycling
(LKe) noted that Concord Regional Solid Waste is going to construct a
facility noted as Single Stream Recycling, which will be a warehouse
structure with a number of conveyors and separating equipment. Household
recyclables, except for garbage and food, would separate paper, plastic,
aluminum, which would be presented all in one container. The conveyors
would extract various components via various streams of air, which would
push off items in different areas, and then all would be separated. This
system is very much in “vogue” in Europe and is a money producing
operation. This has not yet been reviewed by DCEP. (LS) How would this
play into it? (EV) noted that not all items would go to them. It would be
interesting to see if they can help us with those items we do not use. I will
bring it up at the next meeting and get back to you afterwards.
3. Comp Time Leave Status
LKe) noted that the Board has requested an update as of January. (LS) noted
that the backup sheets are not clear. The Board has had a discussion in the
past to not allow any more comp time and now it is higher than it was at the
end of 2006. No more comp time was suppos ed to be accumulated.
“What we have said has not been enforced.” (LK) Are the Department
Heads aware of this? (LS) “This is unacceptable. They are still racking up
time.” It was agreed that (LKe) send letter that there will be no more comp
time.
(LS) Motion to approve (LKE) send Memo regarding no future comp time
will be allowed. (EV) Second. Carried 4-0.
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4. 2008 Town Meeting Timelines
(LKe) noted that there had been some changes in dates leading to the
Town Meeting. February 5th is the last day for cost items.
5. 2007 Town Report Preparations
(LKe) “I have circulated a memo internally requesting they prepare their part
of the Town Report and that it be done in a timely fashion noting the annual
considerations such as cover, report dedications and tributes.
(LS) Suggested for cover, something to recognize troops.
6. 2007 Report – Capital Area Fire Compact
(LKe) This is usually part of the Town report information.
7. Local Government Center, January 17, 2008 Letter, Potential Mandate
Litigation
(LKe) noted that LGC has sent a letter outlining the concerns regarding the
Long-term viability of the New Hampshire Retirement System. Someone at
the LGC had noted that for public employees and taxpayers there will be
$2.7 B on the host in incrued liability – $128 M unfounded liability. LGC
thinks this is unfair to the communities and relates that they will take the
Retirement System to Court and pursue this unfounded mandate. They need
to raise one-half million dollars to do this. They are asking for a share from
Pittsfield in the amount of $368.03.
(LS) Motion to support the LGC in their efforts with the New Hampshire
Retirement System. (EV) Second. Carried 4-0.
It was noted that (LKe) to be the contact person.
8. WMUR – TV, Channel 9
(LK) noted that during the last snowstorm, Chairman of BOS chose to close
the Town Hall and I called Channel 9 to advise them of this. My name is on
their call list and a secondary contact is being requested. We would have
to call them; they would not call us. Information is in the READ file.
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9. Planning Board – Job Description
(LK) related that just so the Board is all on the same page regarding the job
description of the Building Inspector, we should clarify his position which is
an advisory position. When we hired him this was noted in his job
description. (LS) The point was he was to advise the Board. (LK) noted a
letter should be sent to all Boards, Committees noting the Building
Inspector’s position. (JL) noted that the issue he has is that he is not on the
Board. (LK) But, he upholds the laws. (JL) It is not to check on what the
Board is doing, it is a judgment call. (LS) It is up to the Board if he is
overstepping his bounds. It should be very clear what his position is. We
had a lot of discussion on this. (LK) “We made it an advisory position for
the Planning Board and Zoning Board.” We should send a memo to Boards
with a copy of his job description to make it clearer.” (JL) related that his
problem is that he is staff and not involved in interpreting regulations.
Board requested that they hear from Susan Muenzinger on this matter.
Ms. Muenzinger related that she has been on the Board for a number of
years and has worked with quite a few different Building Inspectors. She
noted that regarding last night’s meeting of the Planning Board, I understand
that the Building Inspector is staff and interprets regulations, but to note that
the “Town would be confused and it should be revised, I do not think that
should have been noted.”
10. Fire Department Memo
(LS) noted she had received a memo from the Fire Department regarding the
paid on-call, which she will give to (LKe) to handle.
OLD BUSINESS
1. Modifying the Veterans Tax Credit – Warrant Article
(JL) recused himself and was seated in the audience.
(LK) As you know, I did some research and some of the surrounding Towns
are offering $500 as tax credit for veterans. (LKe) State law allows Towns
to select an alternative amount from $51 to $500. The last change was in
1990 to $100. (LK) related that this has not been touched for 18 years. I
would recommend we raise it to $500 to match other Towns. (LS) By
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increasing it to $500 it would be a $.25 impact. (LK) I realize that this is a
big burden in one year and it is too bad that we have not increased it
gradually over the years, whatever we decide. (EV) related that he was not
comfortable doing such a big jump. (LS) I would support $250.
(LS) Motion to increase Veterans Tax Credit from $100 to $300.
(LK) Second. Carried 3-1 (LK).
(LS) Motion to support Warrant Article for change of Veterans Tax Credit
from $100 to $300. (EV) Second. Carried 3-0 (JL) Abstain.
(JL) returned and was seated on Board.
2. Additional Funding Memo – TA Kenison, January 15, 2008
(LKe) This memo was to bring forth some observations and suggestions.
Concerning the DPW, because of the storm intensity for December, they
have used about 25% of the 2008-budgeted amount. George is fearful for
this coming fall due to fuel increases and potential storm frequency. He
would like to increase his fuel budget.
Also, the Street Lighting Account, per a document given to Town by Public
Service, the cost of street lighting for 2008, the category is up by 2.5% so it
would be necessary to add $2,500 to that budget.
(LS) Motion to add $2,500 for Public Service for Street Lighting account.
(JL) Second. Carried 4-0.
(LS) Motion that we do not pay the $5,242 through the 2008 budget. It is a
2007 expenditure and should be put in the budget for 2007.
Motion dies because of lack of Second.
(LK) noted that they are projecting fuel will be about $4.00 a gallon. (LS)
Where did we get this figure for fuel? (LKe) related that what has happened
with those dealing with winter budgets, that in the past warmer weather has
prevailed and now it is “catch-up time.” Sand, salt, and fuel costs are
affecting all communities. (LS) related again, that this belongs in the 2007
budget and we do not need to add it to the 2008 budget. I recommend that
we put the $5,242 in the 2007 budget. We initially increased it for
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December and December has come and gone.
(LKe) noted we do have another invoice for Union negotitiations. Also
we need to set up some sort of program to update our computer needs, which
should have been done a long time ago. Board should be prepared to
establish entry line item and reserve for entire Town IT renewal. We need
an immediate fix and then long-term replacement program.
(LKe) The Warrant Articles are not exactly complete for the Board tonight.
MRI was line item for outside contract services. (LS) That is a good place
for it.
3. Revisions to Proposed Town Warrant Articles
(Lke) noted that is currently a work in progress and would appreciate
feedback on this particularly the second one on acquisition of property and
re-development. (LS) What about Warrant Article #4? (LKe) noted that he
would need some advice on how that is to happen.
Board further discussed the Municipal Building Repairs and Municipal
Repair Fund and what would be specified as emergency repair. Board also
discussed how the replacement of Library windows would fit into this.
(LS) Regarding Warrant Article #20, it does not have tax impacted, is that
because it is not affected? (LKe) noted it is misleading. All but $10,000 is
encumbered. (LS) suggested taking off fund balance.
(LKe) noted they were working on the CIP in regard to dump trucks.
(AM) arrived at 7:55 P.M.
APPLICATIONS AND WARRANTS
None.
CHECKS AND MANIFESTS
(LS) Motion to approve Payroll. (EV) Second. On return to Public
Session after Non-Public Session, Motion Carried 5-0. (9:45 P.M.)
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Discussion:
(LS) “On Monday, Town Hall was closed due to snow day. The employees
are being paid and it should be taken out of their earned time.” ( LKe) noted
that there were no established policies. (LK) related that it was a judgment
call due to a safety issue for citizens coming into Town Hall. (AM) related
that he could not remember this ever happening before. I think we should
pay them this time and decide for future happenings. (LS) They should not
be paid without going through the Board, people do have earned time and it
should be taken out of this. It is not good that they assume they are going to
be paid. Other departments worked and there are a ton of days people have
not used. We have never done this and we are setting precedent.
(LS) Motion to take time out of earned time for snow days. (EV) Second.
Discussion:
(AM) It is not a good idea. Employee should not be punished for not
coming in. (LS) There were comments by other departments that they didn’t
have to work, do we have to work? (LK) noted it should be a paid day when
snow date. We should pay them this time and make a policy to cover this.
(LS) It should be run by Board. People should not assume they are going to
be paid. (LS) questioned (LKe), “Was it brought to your attention and did
you approve it?” (LKe) “Yes, I did.”
Vote: Favor (LS) and (EV). Opposed (JL) and (LK) (AM).
(EV) Anytime Town Hall is closed, employee will not be paid. They can
use earned or comp time but no sick time. This would include floods and
snowstorms, etc.
Motion dies because of lack of majority vote. Subject is tabled for now.
Memo will be drafted by T/A.
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MINUTES
1. Public Session Minutes of January 10, 2008
(EV) Motion to approve Public Session Minutes of January 10, 2008. (JL)
Second. Carried 5-0.
2. Public Session Minutes of January 15, 2008
(EV) Motion to approve Public Session Minutes of January 15, 2008 . (JL)
Second. Carried 5-0.
3. Public Session Minutes (Continued) January 15, 2008
(JL) Motion to approve Public Session Minutes (Continued) of January 15,
2008. (LS) Second Carried 5-0.
4. Non-Public Session Minutes of January 15, 2008
(LS) Motion to approve Non-Public Session Minutes of January 15, 2008.
(JL) Second. Carried 5-0. (LS) Could you please change the word Xmas to
Christmas?
PUBLIC INPUT
Fred Hast questioned Board on their policy on Department Heads contacting
Town Attorneys? (LS) Everyone had to go through the Town
Administrator. Mr. Hast noted, “What if they don’t?” (LS) Is the attorney’s
office aware that they should not be following through unless the Board has
approved it? (LKe) “They do, but they are not aware of the strong feelings
in that regard.” (JL) “You are talking about the Planning Board?” (EV)
The pyramid has to be followed by going through Leon. The BOS knows
that someone has a big issue but all should follow that. (JL) “I am not sure
BOS has the power to tell ZBA and/or PB to check with Leon as Boards are
autonomous.” (LK) Yes, but we have a budget. (EV) We should send a
letter to the town attorneys noting that if it has not been authorized by (LKe),
then Town will not be paying the bill. (JL) We can try to control it, but will
be bumping heads. You are talking about this general case?
(LK) Motion to send letter to Town Attorney advising them that before any
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costs to the Town can be incurred for legal advice, they must be approved by
Town Administrator or Board of Selectman Chair, in Town Administrator’s
absence. (LS) Second.
(LK) Withdraw Motion. (LS) Withdraw Second.
(LS) All Committees and Department heads should be cc’d on this letter.
(JL) Boards have autonomy by law. It is a good thing for them to call you
but to say that either Board has no right to call the Town Attorney unless we
say so…… (AM) How would BOS control this? The monies should be
spent in a wise manner and this will not happen if we have no control over
other bodies. (LKe) noted that this would give us accountability and they
should only endorse it with Town Administrator or Chairman approval.
Board further discussed the Motion and decided.
(LK) Motion to send letter to Town Attorney advising them, in writing, that
before any costs to Town can be incurred for legal advice, it must be
approved by Town Administrator or Board of Selectman Chairman, in Town
Administrator’s absence. (LS) Second. Carried 4-l (JL).
Fred Hast wanted to know if the landlord’s meeting is open to the public.
(LKe) “Yes.”
He also noted regarding the recyclables, that other Towns bring it in here.
Where would it be? (LKe) noted that it would probably be in either Concord
or Franklin, wherever they have available land. Mr. Hast questioned how it
would be transported somewhere else? We have a good system here. (LKe)
noted that there might be other items in tonnage that can be recyclable that
Town does not use, and it would be up to the coop to get it there, which is
yet to be determined. It would save tipping fees and the revenues would be
shared.
Mr. Hast also noted that there is a problem with the on-call amount in the
budget. I do not think there is enough in the budget for this. I do support it,
but should put in $10,000 for on-call firefighters. I tried and tried to get this
passed and I am all for it.
He also questioned Board “When will the Budget be complete so that we
can all see it.”? (LS) Sometime next week.
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Mr. Hast also questioned how much had been spent on MRI for negotiations.
(LKe) noted that about $11,400 with one outstanding invoice for $l,742.
Dan Schroth commented about the policy of people contacting the Town
Attorney, “What about the outstanding bill from the other night? When I
asked Bill Miskoe how much it was going to cost, he commented, “I don’t
know. We should give Bill the legal bill. He went behind the back of the
Committee just because he thinks he can.”
James Theodore questioned, “When will the Warrant Articles be available
for review and how many are there?” (LKe) Probably next week and there
are between 20-40.
Close Public Input
NON-PUBLIC SESSION
(LS) Motion to go into Non-Public Session per RSA 91-A:3, II (a). (JL)
Second. Carried 5-0. Members of the Board were polled individually and
all agreed.
Board went into non-public session at 8:40 P.M.
Board resumed Public Session at 9:40 P.M.
(AM) Motion to seal the Non-Public Minutes of January 22, 2008. (LS)
Second. Carried 5-0.
ADJOURNMENT
(LS) Motion to adjourn. (JL) Second. Carried 5-0.
Meeting adjourned at 9:50 P.M.
Approved: January 29, 2008
_____________________________ ____________________
Larry Konopka, Vice-Chairman Date