July 7, 2009 Minutes

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

MEETING MINUTES OF TUESDAY, JULY 7, 2009

CALL TO ORDER

Call to order at 6:00 P.M., by Linda Small, Chairman.

MEMBERS PRESENT

Linda Small (LS), Chairman, Ed Vien (EV), Vice-Chairman, Larry Konopka (LK), Denise Morin (DM), Fred Hast (FH), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

None.

AGENDA REVIEW

(LS) Non-Public Minutes, Planning Board Update, Town Administrator Goals and Objectives, Consulting and Marketing, and Overtime. (LK) Generators.

(LS) Last week, we had a Non-Public Session and after that time, it is noted that a portion of that session should have been recorded as part of the Public Session. I would like to address this with the Board and take the portion with Don Chase and make it part of the Public Session.

(LS) Motion to approve portion of Non-Public Session Minutes dealing with Don Chase and make it part of the Public Session Minutes. (LK) Second. Carried 5-0.

It was approved to be included in Non-Public Session because it was thought that it had to do with Ethics and a particular individual.
APPOINTMENTS

6:00 P.M. – Carol Granger – Employee of the Month – May

(DM) read into the Minutes the article that would be placed in the newspaper citing Ms. Granger’s many attributes and contributions to the Town of Pittsfield including her history as a long-time resident, retired school teacher, summer reading program, dedication, and her creativity noting her positive impact on the library scene. “She has enhanced the life of residents of Pittsfield.”

6:00 P.M. – Fire Chief Gary Johnson – 36 Main Street Fire Operations

At 6:10 P.M. and with apologies by the Board for beginning late, Chief Johnson offered a presentation regarding the recent fire at 36 Main Street. “This was a traumatic event as any fatal fire is and is all too common an occurrence.”

Chief Johnson reviewed with the Board the structure, exposure, call pattern of report of fire, engine arrival, water supply, strategy and tactical objectives, hazards, as well as towns responding. It is noted that the first “fire call” occurred at
5:20 P.M. and was essentially out by 7:45 P.M.

Chief Johnson was quick to note that his personnel in dealing with this tragedy were superlative and he commends them all for their dedication and quality of service. He also noted that the Police Department and Highway Department should also be commended for their participation during and after the fire.

(LS) thanked Chief Johnson and all who contributed to dealing with this incident as did (EV) noting that he was sorry for the fatalities and loss of property but was pleased with the spirit of the community.

NEW BUSINESS

ACTION ITEMS

1. Special Town Meeting Warrant

(PS) This is on the Agenda tonight to advise the Board that the statutory checklist has been accomplished; Warrant has been posted as per RSA 39:5, and published in the local newspaper. (LS) suggested a notice to inform the citizens as to why and what is occurring should be posted also. (PS) to do.

(LK) At the last Planning Board meeting, a Board member noted that the Warrant was illegal. (FH) It is as legal as it can be. In the 1970’s it is noted that it was a seven member board. (LS) This has been accomplished on advice from Town counsel. (EV) It has been noted in the Minutes recorded in 1970’s that it was a seven member board. We cannot prove it but a “reasonable person,” which I am, would assume that it was talked about and voted on.

(LS) I do believe that this is “backwards,” show us that it is illegal.

2. Request to Use Dustin Park

(PS) The Police Chief is here tonight and has indicated in E-Mail with attachments that they would like to send Parks and Recreation a request to use Dustin Park for National Night Out. Chief Wharem noted that this is a national date.

(LK) Motion to approve Police Department utilizing Dustin Park for National Night Out. (DM) Second. Carried 5-0.

(FH) Does the Board of Selectman have to approve it? (LS) It is Town-owned property and is just so we are aware of the liability.

(EV) It might be that Parks and Recreation might approve it and it might not be appropriate. He requested that Chief Wharem also direct E-Mail to Paul Skowron rather than the previous Town Administrator. Chief Wharem noted that “it is a work in progress.”

3. Animal Control/Northwood Police Department Request

(PS) This is back on the Agenda from last week as the Board has requested me to follow-up and make inquiries regarding the sharing of animal control officer with Northwood. After dialogue with Chief Wharem, it is noted that some of the questions posed could be answered by Chief Wharem but others would need to be addressed to Police Chief of Northwood and/or delegates representing the Town of Northwood. The questions regarding training costs, maintenance on van, commuting time, overtime, liability and other logistics would need to be addressed and worked out. Chief Wharem noted that there is a meeting of their Police Commission on Thursday which he will attempt to attend and to acquire as much of this information that he can. (EV) We are willing to talk about this.
(LS) Chief can handle this. (DM) Please keep me advised.

3 a. Generators

(LK) requested any new information on generators. Chief Wharem noted he has been unable to contact individual but at the next meeting he would offer some information as to costs and what is covered by grant.

4. Cost to Cross Route 28 with Sewer Line

(PS) On last week’s Agenda, Board reviewed Ron Vien’s memo regarding cost estimates for this “project.” There were two issues that were noted namely. What is Ron’s opinion? and the question “Who does the work? (Does the State contract the work or does the Town contract the work and then get reimbursed?)

(EV) noted that he had talked to Ron and the State is now considering a ditch (trench) across the road. He was unsure as to why they are now going to trench it and why they have changed to this course of action. Ron was questioning whether it would be under grant. (LS) Let’s table this until we get some answers. (FH) noted that it could be cheaper to do it at that time since the excavator would be right there.

5. Planning Board Letter

(LS) I have received a letter from Gerard Leduc, Planning Board Chairman. (Letter was read into the Minutes.) I think we should hold off for now and let the Ethics Committee handle this.

(LK) If Board wants me to recuse myself, I will. I have had previous dealings with Jim Pritchard. Board agreed that it would not be necessary for (LK) to recuse himself.

Clayton Wood noted that the Planning Board was split on the decision as whether to opt to forward directly to Ethics Committee or to the Board of Selectman. They are unclear as to course of action. What would you expect them to do? (EV) Before going to Ethics Committee, all other avenues should be explored. Dan Schroth noted that the Planning Board voted 4-3 to send to the Board of Selectman. My name is in there and someone has to say something about this behavior. I would just not want to do anything. (LS) The letter has come before us. (LK) It is an elected board and we have no say over them. Clayton Wood: “I attended the Ethics training and they never said it had to go before this Board.”

Board discussed whether this matter should be addressed by this board.

(EV) Motion we forward to Ethics Committee with all information. Motion dies because of lack of Second.

After further discussion, Board agreed that it was not within their power to act on this at this time or forward to Ethics Committee. (PS) noted that because the letter came from the Chairman of the Planning Board, Board should write back to note that all information can be forwarded to Ethics Committee if they believe that there is an ethics violation. This Board will not file anything and either the Planning Board or the individual should do the filing. (EV) Ethics Committee is the step they should be taking. (DM) Basically, they are being asked if there is any merit to this issue.

Clayton Wood noted that he did not understand exactly how the Planning Board works since it is an elected board. Board should take care of this and they should be stating what the ethics issue was. Dan Schroth noted “I was not ready to fight the violation, so I voted to send to you guys.” Clayton Wood, “They are elected officials. Why don’t we take the responsibility? How does the Board of Selectman fit in?” (EV) Only when we are asked to. I agree with you, the Planning Board should “get their ducks in a row.”

Board informally voted to refer back to Planning Board. (LK) related that it would be up to the Ethics Committee and then it would come before this Board.

(PS) I think it should be forwarded back to the Planning Board and if they find any substance, they should file with the Ethics Committee. If either of the individuals feels it is a violation, they should be the ones to file with Ethics.

(DM) Motion to refer back to the Planning Board. (FH) Second. Carried 5-0.

6. Update on Planning Board

(FH) The recording secretary does a fine job of doing the Minutes. She is putting in what should be put in but Jim Pritchard always adds about three or four pages of revisions. The basic minutes should be printed and only the basic information put in. Minutes that were originally nine pages become seventeen and he is insistent that his revisions be put in. He has two tape recorders running recording the Minutes.

(LS) The Planning Board never had a secretary until BOS funded it. Have you said something to the Planning Board? (FH) Many times. He always adds to her Minutes. (LS) This is not appropriate.

(PS) I will share with the Board that Delores has requested that she no longer be responsible for recording the Planning Board minutes after July 31st. The Planning Board will have to find another method of recording the minutes. I have had this conversation with Delores recently and she suggested this date. (FH) I will let the Planning Board know that they are on their own.

(FH) As far as an update on what the Planning Board is doing, we have gotten through the Rules of Procedures and are now beginning going through the Zoning Ordinances themselves. The Citizen Zoning Ordinance Petition got voted down two years in a row but we did not do our homework well enough. We want some of the Zoning Ordinance changes but not 72 pages worth.

(LS) I will let Ed explain to you what we are talking about at the EDC.

(EV) EDC knows what should be reviewed and updated to help with the future of Pittsfield. Some questions have been posed as to how do you go through and get proposed changes to the Zoning Ordinances. CNHRPC are professional planners and they would come in and work with a proposal to update our Zoning Ordinances if we can get all on Board to agree. If they vote yes, then we would prefer that someone else not stick in another version. We are leery of spending Town money if there is going to be a split. (FH) If we could do it ourselves, we would save money. (EV) I do not suggest it because Planning Board would have to come together as one group and work with CNHRPC. My thought is “Will it work at this time?” (FH) I do not agree all the time, but some of the time. (LS) We would not want it to just pass, but also be user friendly.

(LK) I will note that they did handle Amenico fairly decently as a Board.

7. Town Administrator Goals and Objectives

(DM) I believe it is time to meet with Paul to discuss this. (PS) It will be on the next meeting Agenda on July 21st.

8. Consulting

(LS) The general concept of the Sun Valley Regional Development Corporation is to expand the tax base for the town of Pittsfield by attracting new businesses with outside investors. Town did appropriate some consulting fees and EDC notes that if this Board is agreeable some of the monies could be used for this purpose. Thinking that there are so many empty properties, we need outside investors but we need some help doing it. (EV) We have a lot to offer in town and we have to let people know it. We are trying to get people into town. A short DVD was suggested as a sales tool. (LS) I have seen businesses come and go and to keep them you must promote them. Businesses should be supporting the community.

(EV) It was noted that EDC got $100,000 from voters. Many have noted that this is not enough money to do anything. They were right. If we bought one building, fixed it up, would the outside world know it? Probably not. (LS) EDC just wanted to know if Board would be open to this. (DM) Have they used any of the money yet? (LS) No. (DM) I would be open-minded to listen to this.

9. Overtime

(LS) There has been excessive overtime. (PS) is now working with the departments and “hitting” that.

INFORMATION ITEMS

1. Chart of Accounts

(PS) Cara and I have been working through the Chart of Accounts for Town and will continue to do so. Auditing firm is coming in on Thursday and Friday to reconstruct the Chart of Accounts. By the end of the weekend, this should be accomplished. We need a “crosswalk” between the old accounts and the new accounts and this will allow us to agree with the accounting NHDR and meet GFOA standards. (LS) Will this be ready for the Budget season?
(PS) Absolutely.

OLD BUSINESS

1. Town Hall Improvements Pending
2. Capital Improvement Program Pending
3. Space needs Study Pending
4. Sidewalk Improvement Plan Pending
5. Generators Please see above.
6. Fleet Fuel Charge (LK) Any update on this?
(PS) Not yet.

Board agreed that Job Descriptions and Fire/Ambulance Study will be added to Old Business next Agenda.

APPLICATIONS AND WARRANTS

None.

CHECKS AND MANIFESTS

(DM) Motion to approve Accounts Payable and Checks Manifest. (EV) Second. Carried 5-0.

(DM) Motion to approve Payroll and Direct Deposits. (EV) Second. Carried 5-0.

MINUTES

1. Public Session Minutes of June 30, 2009

(LK) Motion to approve Public Session Minutes of June 30, 2009. (FH) Second. After Discussion: Carried 4-0. (LS) Abstain.

Discussion: (FH) questioned what the target date was for Building Inspector to complete certification course? (EV) In a couple of months, I believe. (DM) He is working on it.

(FH) On the Intent to Cut, did we find out who the Forester was? (EV) I believe you were going to call. (FH) I did call, but they have not gotten back to me yet. (PS) related that he would also check on this.

(FH) Also, on the check we were holding, have you (PS) found out anything on this? (PS) related that the two personal checks were for personal purchases and were deducted from the total bill. Board was able to check with Jen Tedcastle who was available in the audience and she clarified the reason for the personal checks.

2. Non-Public Session Minutes of June 30, 2009.

(EV) Motion to approve the Non-Public Session Minutes of June 30, 2009 except for the portion on Page 2 relative to public input by Don Chase… (LK) Second. Carried 5-0.

PUBIC INPUT

Dan Schroth related that not all the members of the Planning Board are of the same mindset. At this point, all you can expect is to minimize the damage. The most you can hope for is that the Planning Board does not cause damage if an applicant comes before us.

My second thought is that you see how the economy has changed. It is not going to get better in a couple of years. There are very few new jobs. People are working at home. Things have changed, do not listen to the economists, this is an artificial economy. In another year or two we are going to have to pay the piper. People are struggling. I recently read on a matchbook cover, “Freedom is the light.” I have lost property rights and I see it more and more. People are trying to work and many are working at home. Do not give them a hard time. With the Zoning Ordinances you are killing the seeds. What is happening is you cannot even put a sign out in front of your property. You are looking to have people move into town. Hire workers from Town.

Regarding the Planning Board, all you can hope to do is minimize the damage. It is the worst one ever. I am on that Board and Fred Hast is on it and I hope we are professional enough to help an applicant if one comes in.

(FH) noted that he would like to address the Board, but would be recusing himself to do so and would address Board as a private citizen. (8:06 P.M.)

(FH) About five years ago, I requested a list of all the businesses in town. I asked EDC to get the list for the Town Hall. People call as to where businesses are located and people at Town Hall cannot answer. I will see businesses advertised in the Sun and some of them I have never heard of. (LS) noted that she would see if one could be made available for Town Hall.

(FH) returned and was seated on the Board. (8:11 P.M.)

End of Public Input

NON-PUBLIC SESSION

(LK) Motion to go into Non-Public Session per 91-A:3 II (a) and (c).
(FH) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Break 8:10 P.M. Resume in Non-Public Session at 8:13 P.M.

Board returned to Public Session at 8:35 P.M.

Motion to Seal Non-Public Session of July 7, 2009. (LK) Second. Carried 5-0.

ADJOURNMENT

(LK) Motion to Adjourn. (DM) Second. Carried 5-0.

Meeting adjourned at 8:37 P.M.

Approved: July 21, 2009

_____________________________ _________________________
Linda Small, Chairman Date

I hereby certify that Minutes of July 7, 2009 were recorded by me and posted on July 9, 2009.

_________________________________________
Delores A. Fritz, Recording Secretary

II Tapes