January 31, 2012 Minutes

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

MEETING MINUTES OF TUESDAY, JANUARY 31, 2012

CALL TO ORDER

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

MEMBERS PRESENT

Ed Vien (EV), Chairman, Fred Hast (FH), Paul Rogers (PR), Gerard LeDuc (GL), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

Denise Morin (DM), Vice-Chairman

PUBLIC INPUT

None.

Close Public Input

AGENDA REVIEW

(PS) Revised Town Warrant, Disposition of Tax Deeded Property, Donation from First Congregational Church/Dorcas Guild – Fuel Assistance, Town Report Dedication/Memorials, Police Chief E-Mail/Inadequate Funds Recommended for Vehicle Replacement, Supplemental 2012 Budget Request/Ambulance Department.

(EV) Prior to the start of this meeting, I would like to read into the Minutes a letter from Denise Morin. (See attached.)

(EV) Any motions that have a 2-2 vote will die because of lack of majority. The new Board can choose her replacement as we do not have enough time to allow it as an elected position. We do not have enough time to notice. I have faith in this Board to be able to do what we need to do. Board members agreed.

APPOINTMENTS

6:05 P.M.: Bill Miskoe – Planning Board Responsibilities

Bill Miskoe: Thank you for putting me on the Agenda. I have written this letter (see attached) to the Board of Selectmen to express my concerns over the actions taken by the Planning Board. I realize that they are an autonomous board and I hope you will understand my concerns. No board should be acting against the best interests of the Town. You may not agree but that Board is taking the Town right to Court. I do not know how much authority the BOS has in this regard and that is why I have written this letter as I hope the Board will consider it and why I am here. He noted RSA 673:13 I states that “After public hearing, appointed members and alternate members of an appointed local land use board may be removed by the appointing authority upon written findings of inefficiency, neglect of duty, or malfeasance in office.”

(GL) Do you feel that the Planning Board is prejudging? Bill Miskoe: Yes, when a member of the Planning Board calls a citizen and tells him how he is going to vote before the motion is presented, One does not tell how you are going to vote in advance. Another Planning Board member on Primary Day spent several hours outside carrying a sign and explained his feelings to anyone who would listen regarding his support of the zoning amendment. The Rules of Procedure prohibits any Planning Board member from doing this without prior specific authorization by the Board. You have one member telling people what his punch will be before it is presented and telling a citizen that the frontage issue was “dead” and now it is coming back. This individual made business decisions on what he was told. Then it is put back on as a special meeting and you have another member walking around holding a “huge” sign. There are a lot of flawed actions here. This Town is going straight to the Courthouse on this.

Thank you for hearing me on this. (6:13 P.M.)

6:10 P.M.: Hank Fitzgerald – Public Body Procedural Issues

Hank Fitzgerald: You have seen my letter by now, outlining the eight major flaws regarding the Planning Board actions. I have just received another letter from Ted Mitchell, Chair which I have not had the opportunity to review and respond to which says “Jim Pritchard did not write my letter” and this is not worth the paper it is written on.

At the December 1st meeting the issues were discussed and Larry Konopka questioned whether they had been reviewed with LGC. Jim Pritchard responded “Yes,” but there are no documents to substantiate this. Clayton Wood comments on the letter from Keri Diers which is dated 2004 which is Page 2 and unsigned. Jim Pritchard continues to cite RSA’s. He is a mathematician not a lawyer yet he continues to give legal advice. He is opening Town up to involvement in legal issues. Clayton Wood was noted collaborating outside the public meeting with Ted Mitchell which happened several times. Jim Pritchard is censoring the Minutes and deleting what is harmful to his case. As recorder, he cannot add “Editorial Comments” to Minutes. He notes at the end of the Minutes that “I transcribed these minutes (not verbatim) from notes and tapes that I made during the Planning Board meeting on –date. Procedures are critically important. Court looks at procedures.

The letter that I received today lists thirty documents. There was a conversation that states that this “is the way Epsom does it.” A member of the Zoning Board in Epsom denies this. He presents these statements to the public in Public Meetings. Jim Pritchard met with Cross Country. They said there was no problem but there is nothing in writing. It may have no impact today but next year and years after it will. There is a major tax impact. I watched three members openly lie. You have what is called sequential conversations which is one person speaking to another one and then that person speaks to another individual. I disagree with what they are doing. I am upset with the procedures.

They worked a year on three amendments with no back-up documents. Selectman LeDuc noted in minutes that he thought it was completely wrong. The Board of Selectman did not do anything. Mr. Pritchard used FOUL language. He was upset because the vote did not go the way he wanted. Three days later he and the Chair are writing new notices.

The Planning Board believes they are in control of a citizen’s warrant. They wrote the notice in the paper. When it was asked of the Planning Board what they were doing, they commented they can do what they want. They cannot control his petition. No one wants to go to Court and no one wants to hurt this Town. They do not listen and put statements in and do not answer questions. They said that the Planning Board is listening to public merely as a courtesy. (PR) related that he had heard the tapes and he was appalled that no one on Board spoke up. Something should be done. (EV) Mr. Fitzgerald, what is it you want from this Board?
Hank Fitzgerald: This Board should be calling a public hearing to address their actions. They need to be forced to honor what they did and should not be deciding outside the Board setting. If Board cannot do anything, then they should vote to NOT RECOMMEND their amendments.
NON-PUBLIC SESSION

(PR) Motion to go into Non-Public Session per RSA 91-A:3 II (c). (GL) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 6:31 P.M.

Board returned to Public Session at 6:43 P.M.

(GL) Motion to seal Non-Public Session of January 31, 2012. (PR) Second. Carried 4-0.

NEW BUSINESS
ACTION ITEMS

2. Transfer from Municipal Building Expendable Trust to the General
Fund in the amount of $3,830.91

(GL) Motion to approve transfer of $3,830.91 from Municipal Building Expendable Trust to the General Fund. (PR) Second. Carried 4-0.

3. Welfare Lien Tax Map U5, Lot 21

(PR) Motion to approve Welfare Lien Tax Map U5, Lot 21. (GL) Second. Carried 4-0.

4. Letter of Resignation – Larry Federhen – ZBA

(FH) Motion to accept resignation of Larry Federhen from ZBA with regret.
(PR) Second. Carried 4-0.

(FH) Please send letter of regret and thank you. (PR) Can letter go out right away? (PS) Yes.

(EV) We are three members short on the ZBA. Anyone that would be interested please do not hesitate to contact us and fill out an application.

5. Contract for Paramedic Services – Concord Fire Department

Chief Johnson: This is a contract that was executed approximately twelve years ago and provides for paramedic intercept services. The charge for the service has been increased to $549 which previously was $538.13. The contract includes a change in the method of providing Rapid Sequence Intubation (RSI) which was explained by Karen Brown to the Board noting that it is a procedure that Pittsfield Paramedics will be trained at and will be only able to assist Concord Fire Department Paramedics in administering the procedure. The increase in services will be effective March 1, 2012.

(FH) Motion to approve increase paramedic intercepts to $549 effective
March 1, 2012. (GL) Second. Carried 4-0.

(FH) Motion to approve contract City of Concord for Paramedic Intercepts and authorize Chair to sign contract. (GL) Second. Carried 4-0.

9. Supplemental 2012 Budget Request – Ambulance Department

Chief Johnson: I have been notified that three members of the Ambulance Department will be requesting FMLA. Because of this, we anticipate that we will have an increased budget of $14, 318. (FH) This will not result in an increase to the taxpayer. Chief Johnson: “No.” The per diem staff will be utilized to cover these positions. He noted that one individual would be available to cover these positions for 36 weeks.

(PS) noted that this should be discussed with the Budget Committee at the next meeting. (FH) It should be made clear that is not out of the taxpayer’s money.

(FH) Motion to increase Line Item 199 by $14, 318. (GL) Second.
Carried 4-0.

6. Archiving Board of Selectmen Tape Recordings (Requested by
Fred Hast)

(FH) Years ago the BOS made a motion to save all tapes pertaining to Board of Selectmen. This was discussed and it was noted that Minutes do not depict everything that transpires at a meeting and the tape can be used to go back and check things that were done previously. I recommend that this Board go along with that and keep tapes. (GL) For how long? (FH) Seven years.

(FH) Motion to save all tapes from all meetings for seven years. (GL) Second. After Discussion: Carried 3-1 (EV).

Discussion: (PR) What is the cost of each tape? (Unknown, though a $5.00 fee is charged for each tape that is reproduced for public use.) (GL) The Statute of Limitation is seven years. (PS) This would be for all elected and appointed bodies.

7. Suspended Action – Mieko Langevin: Tax Deed

(PS) The taxes due on the Mieko Langevin property are approximately at $31,000. I had a discussion with Chief Wharem regarding forwarding the property to Emergency Management. Property is in the flood zone and could fall under FEMA resources. Chief Wharem: This could be used as green space, as a parking lot or for some other purpose such as this. (PS) Town has not taken this property by tax deed yet. Chief Wharem to explore this option and get back to the Board. (PS) For public information, this is at 42 Chestnut Street.

8. Letter from Elizabeth Hast Re: Severance.

Selectman Hast recused himself and was seated in the audience. (7:30 P.M.)

(PR) read into the Minutes the response from Elizabeth Hast dated January 16, 2012. (See attached.) (EV) It was previously noted that Elizabeth Hast was accumulating vacation time above and beyond what others had accumulated. It was decided that the time should be taken and not accumulated. From that point, the payroll shows no accumulation. I have no problem paying what is on the books. (PS) If Board recollects, these funds were encumbered to compensate Elizabeth Hast’s time on the books – approximately $10,000.

(GL) If the decision was made previously and decided upon, then it should remain as such. (PS) Then you choose to encumber time accumulated through that certain date? (GL) I am a firm believer in what we did. We have to be honorable in what we do. (PR) Unfortunately this has already gone through and if it had been brought to our attention sooner it might have been looked into more. (GL) In the future, I would like to see us apply the policy and only pay 80 hours. (PS) The Board will set parameters at the next meeting as to salary, benefits, etc. for Town Clerk/Tax Collector position. Board agreed.

(FH) returned and was seated on the Board at 7:37 P.M.

10. Disposition of Tax Deeded Property

(PS) The Tilton Hill property is stable now. The brush will be burned during school vacation. Would the Board like to move on the Carpenter property? The property is cluttered but the house seems winterized. Taxes owed are approximately $30-35,000. Does the Board want to clean up the property or sell it as is? The more we spend on a property then we would have to recoup that also. (PR) Why not put all five properties up for sale. (PS) All at once or one at a time? (FH) I agree with Paul. We have the properties, figure out the minimum bid and we can maybe have it sold in three months. (PS) recommended that the Gilman property not be included in those put up for sale. (PS) to do.

11. Donation from First Congregational Church/Dorcas Guild/Fuel
Assistance

(PS) This is to just advise the Board that a Public Hearing will be scheduled for acceptance.

12. Town Report Dedication/Memorials

(PS) Board has already agreed on the individuals, the question now is the dedication and the picture on the cover. (FH) Canine would be good or the ball field which is an asset to the Town and I am leaning towards that. Board agreed. (PS) to contact Larry Berkson for pictures, etc.

13. Police Chief E-Mail Re: Inadequate Funds Recommended for
Vehicle Replacement

Chief Wharem: I sent an E-Mail to Paul regarding the $30,000 capital outlay for the cruiser replacement. We now have different price ranges for the proposed vehicle. He reviewed with the Board condition of the 2005 Ford Explorer – which is the replaced vehicle, recommendations for a replacement vehicle referring to size, equipment replacement, type of car, warranty costs, transmissions, make of car, mileage, paint jobs (plain black or black/white), and use of car. I wanted to bring to the Board’s attention the price increases to replace the car and am looking for direction from the Board as to how to proceed. We can keep the Ford Explorer for another year which will result in many repairs or go with the price increase. If we do not purchase a car this year, we are going to end up purchasing two or three cars next year. Chief Wharem will check trade-in values and replacement date for the vehicle and advise Board.

Chief Wharem left meeting at 8:11 P.M.
INFORMATION ITEMS

None

OLD BUSINESS

1. Selectmen Representative to Pittsfield Drug & Alcohol Coalition

This will be done through the new Board.

2. Board of Selectmen to Discuss and Take Action on
Service Contract for WWTF Generator

(PS) Ron Vien is still working on this.

APPLICATIONS and WARRANTS

1. Intent to Cut Tax Map R51, Lot 3

(FH) Motion to approve Intent to Cut Tax Map R51, Lot 3. (GL) Second. Carried 4-0.

CHECKS AND MANIFESTS

(GL) Motion to approve Payroll and Direct Deposit. (FH) Second.
Carried 3-0. (PR) Abstain.

(GL) Motion to approve Accounts Payable and Checks Manifest. (FH) Second. Carried 3-0. (PR) Abstain.

MINUTES

1. Public Session Minutes of January 17, 2012

(GL) Motion to approve Public Session Minutes of January 17, 2012.
(FH) Second. Carried 4-0.

2. Non-Public Session Minutes of January 17, 2012

(GL) Motion to approve Non-Public Session Minutes of January 17, 2012.
(PR) Second. Carried 4-0.

PUBLIC INPUT

Matt St. George: I have attended quite a few Planning Board meetings. I had been told that Amendment No. 3 would not be on the ballot, and then got a phone call from the Chairman that there was going to be a Public Hearing again on the amendment and that he was going to vote to recommend it. I definitely was misled now that he is going to change his vote. Is it legal to do this and do I have some recourse on this? Board would be well-advised not to let it go to ballot. A lot of things have gone on at those meetings. The Chairman said they have bent over backwards for the people but I do not feel that way. The Chairman stated that the meeting is not illegal. Why did the Chair state in his letter in the paper that it is not illegal. He argued with the recorder about what he wanted to say. They clearly made an error. After it was voted on, I got a call at home noting that he was going to change his vote. He did not feel he wanted to do this the way it turned out. He talked about checking with Epsom about Class V and Class VI roads. Vulgar language by the recorder was heard at the meeting and I did not feel they were bending over backwards for the public. They are rude and told me that they needed more hoops with bells and whistles to jump through for people like me. They related that it was just a courtesy to us that we could talk at the Public Hearing and then told us that they do not have to answer our questions.

They tried to make me not credible. It is confusing to me and I do not know where they are headed. I spent my whole life in Pittsfield, I live here, my kids go to school here and I have as much credence to express my thoughts on this. They said they are sick of hearing about the “good ole boy system and that it is a small town.” It is personal to me. They should hold themselves to a higher standard. If what they are doing is not illegal getting this through then it sure is questionable.

Carole Richardson: Why can’t we contact Town Administrator or other individuals via E-Mail? We should have E-Mail addresses on the Website.
(PS) explained that all departments are able to be contacted via E-Mail and it is listed on the Website as such. (PS) noted he would check with the Website Committee to make sure that this is the way it is posted.

Larry Konopka: While you are talking to the Website people, ask them about the Agendas for the Board of Selectmen. They are not being posted in a timely manner. Also, when you approved the Welfare lien, did you mention a name? I thought names were not supposed to be indicated. (FH) Yes, names can be mentioned. (PS) agreed.

Close Public Input (8:30 P.M.)

NEW BUSINESS – ACTION ITEMS CONTINUED

1. Board of Selectmen Action on 2012 Town Warrant Articles

Article 9:

(PR) Motion to RECOMMEND Article 9 ($810,740). (GL) Second. Carried 4-0.

Article 10:

To be addressed in Non-Public Session

Article 11:

Board discussed in detail Article 11 and the purpose thereof.

(FH) Motion to RECOMMEND Article 11. (PR) Second. Carried 3-1 (GL).

Article 12:

Board agreed that cleaning up properties taken by tax deed can be costly.

(GL) Motion to RECOMMEND Article 12. (FH) Second. Carried 4-0.

Article 13:

Board weighed the practicality of whether the cost of this service would outweigh the alternatives and ultimately agreed it would benefit the Town. (GL) explained the current and pending increases by Pennichuck.

(GL) Motion to RECOMMEND Article 13. (FH) Second. Carried 4-0.

Article 14:

(FH) The master box users will have to pay a fee for dial-up. (PS) I believe you are correct, Fred.

(FH) Motion to RECOMMEND Article 14. (GL) Second. Carried 4-0.

Article 15:

(GL) Motion to RECOMMEND Article 15. (PR) Second. Carried 4-0.

Articles 16, 17, and 18:

Board has already RECOMMENDED.

Article 19:

(GL) Motion to RECOMMEND Article 19. (PR) Second. Carried 4-0.

Article 20:

(FH) Motion to RECOMMEND Article 20. (GL) Second. Carried 4-0.

Article 21:

(FH) Motion to RECOMMEND Article 21. (GL) Second. Carried 4-0.

Article 22:

(FH) Motion to RECOMMEND Article 22. (GL) Second. Carried 4-0.

Article 23:

(GL) Motion to RECOMMEND Article 23. (PR) Second. Carried 4-0.

Article 24:

(PR) Motion to RECOMMEND Article 24. (GL) Second. Carried 4-0.

Article 25:

(PR) Motion to RECOMMEND Article 25. (GL) Second. Carried 4-0.

Article 26:

(PR) Motion to RECOMMEND Article 26. (GL) Second. Carried 4-0.

Article 27:

(GL) Motion to RECOMMEND Article 27 for $122,823. (PR) Second.
Carried 4-0.

Article 28:

(PS) Amounts for this will be added later.

Article 29:

(PS) If this is approved then it will be necessary to go back to Article 6.

(FH) Motion to RECOMMEND Article 29. (PR) Second. Carried 4-0.

Articles 3 and 4:

(EV) What would the Board like to do with these Articles? You have clearly heard that people are upset the way things are going. Elected officials are harder to remove from office. (FH) I recommend that we leave it alone and let the public vote on it. (EV) It has been asked that Board of Selectmen take care of it.
(GL) The key is do we feel that it would do harm to the Town. It will probably be voted to be put on the ballot. (PS) Board of Selectmen cannot RECOMMEND or NOT RECOMMEND on Planning Board amendments. (EV) I talked to Ted Mitchell about these amendments and told him that “I see no value to the Town by changing these.” (GL) I can pass this on to the Planning Board to put on the record accordingly.

OTHER

(EV) The new owner of the Union Block came to the EDC meeting to advise that he had a five-year plan to renovate the building – second floor for office space and third floor possible function hall.

PUBLIC INPUT

Larry Konopka: Regarding the Planning Board, you could always ask them to come into a Board meeting to discuss and work it out. It would show the public that you are trying to do something. (GL) We could invite them to come in and talk to the Board. (PR) The Planning Board Chairman is responsible for the actions of that board. (LK) It would show the public that the Board of Selectmen has the best interests of the Town in mind.

NON-PUBLIC SESSION

(PR) Motion to go into Non-Public Session per RSA 91-1:3 II (e) – Union Negotiations. (GL) Second. Carried 4-0. Individual members of the Board
were polled and all agreed.

Board went into Non-Public Session at 9:14 P.M.

Board returned to Public Session at 9:35 P.M.

(GL) Motion to seal Non-Public Session Minutes of January 31, 2012.
(PR) Second. Carried 4-0.

Article 10:

(PR) Motion to RECOMMEND Article 10. (GL) Second. Carried 4-0.

(GL) Motion to go into Non-Public Session per RSA 91-A:3 II (c). (PR) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 9:37 P.M.

Board returned to Public Session at 9:45 P.M.

(GL) Motion to seal Non-Public Session Minutes of January 31, 2012.
(FH) Second. Carried 4-0.

ADJOURNMENT

(GL) Motion to adjourn. (FH) Second. Carried 4-0.

Meeting adjourned at 9:51 P.M.

Approved: February 7, 2012

__________________________ __________________
Edward Vien, Chairman Date

I hereby certify that these Minutes were recorded by me on January 31, 2012, transcribed and public posted on February 2, 2012.

_____________________________________
Delores A. Fritz, Recording Secretary

Attachments
III Tapes