November 17, 2009 Minutes

These minutes were posted by the Selectmen.

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

MEETING MINUTES OF TUESDAY, NOVEMBER 17, 2009

CALL TO ORDER

Call to order at 5:30 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) CBGD Grant, Non-Public per RSA 91-A:3 II (c); (EV) Perambulation Town Lines.

NEW BUSINESS
ACTION ITEMS

1. Parks and Recreation Commission Appointment

(PS) I have discussed this with Nick Abell, Acting Chairman and indicated that this individual should be completing the appointment application, which has been accomplished. The request for a background check by Police Department has been submitted but not yet returned. It is noted that the Parks and Recreation Committee has recommended this individual. This is tabled until December 3rd.

2. CNHRPC Zoning Re-Write

(LK) The Planning Board has approved proceeding with this but they have not addressed it specifically due to new members that will be on the Board in March 2010 and Matt Monahan can bring them up to date at that time. PB will review it and then BOS can approve it. Monies for this will need to be set aside for this project. Matt Monahan will contact (PS) regarding proposal costs. Board questioned whether this can be set up like a circuit rider account? (PS) Board can enter into draft scope of work, then wait until March for new Board to work on. (LK) related that a couple of the Planning Board members suggested additions to the document. (LS) suggested this be put on the Agenda when encumbrances are addressed at next BOS meeting. (PS) This should be accomplished no later than December 15th. It was agreed that Matt Monahan would send to (PS) for review and then be forwarded to BOS.

3. FEMA Letter Re: Floodplain Mapping Alterations

(PS) I have written a Memo to the Board and I think that (LK) and I have different view on this. I think it needs to be approved at Town Meeting. I think it has to go back to Planning Board because the way I understand it, what you are doing is changing the Zoning Ordinances. Each time it is revised, it has to go back to a Town Meeting. I think it needs to go back to the Planning Board to address the matters described within the communication. I was going to direct this to Matt Monahan for review. This will be tabled for now.

Time: 5:42 P.M.

APPOINTMENTS

5:40 P.M. – Conservation Commission Sub-Committee

(LS) Motion to go into Non-Public Session per RSA 91-A:3 II (d). (EV) Second. (FH) Does this have to be in Non-Public Session? Board agreed that this was necessary. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 5:43 P.M.

Board returned to Public Session at 6:00 P.M.

(DM) Motion to seal Non-Public Session Minutes of November 17, 2009.
(EV) Second. Carried 5-0.

NEW BUSINESS – Continued

4. Abatement Tax Map R35-24-T16

(EV) Motion to approve abatement for Tax Map R36-24-T16 in the amount of $24.00. (DM) Second. Carried 5-0.

5. Notice of NHMA Annual Meeting

(PS) The New Hampshire Municipal Association annual meeting is on Thursday, November 19th, and they are asking for a representative to be appointed to attend and vote on behalf of the Town. I am unable to attend. Board agreed that it was duly noted but all members of Board were unable to attend due to other commitments.

6. Purchase and Sales Agreement – Boermeester Property

(PS) The Purchase and Sales Agreement has been signed by Martin and Maria Boermeester which was agreed to by BOS in draft form. This is for the property purchase and then for the possible sale.

(FH) Motion to approve and sign Purchase and Sales Agreement for the Martin and Maria Boermeester property and the authority to begin resale proceedings of this property. (EV) Second. Carried 5-0.

(FH) How long before this takes place? (PS) Laura Spector will make up the Deed and it should take a couple of weeks before it is filed at the Registry.

(PS) do you want me to draft an advertisement for sealed bid on property?
(FH) It would be better if we had an auction rather than a sealed bid. When there are multiple buyers in one place, the chances of a higher sale price is better.
(LS) I would like to see it go out to bid. Board discussed the possibility of sealed bids on property versus auction. It was agreed that (PS) would further research the possibilities and it would be on the Agenda for December 1st.

APPOINTMENTS – CONTINUED

6:05 P.M. – Fire Chief Gary Johnson Re: Emergency Management Director Vacancy

(LS) The Board had discussed appointing you as Emergency Management Director. What is your input?

Chief Johnson noted that this should be in Non-Public and be discussed when other pending matters are completed. Board agreed they would discuss in Non-Public Session.

(FH) Motion to go into Non-Public Session per 91-A:3 II (a & c). Before a second could be offered, Chief Johnson noted that this could occur later in the meeting after the other appointments scheduled have been addressed.
(FH) Withdraw Motion.

6:10 P.M. – Police Chief Robert Wharem & Fire Chief Gary Johnson
Re: Street Numbering

(PS) Board has requested both Chiefs be present tonight to address the Street Numbering Agreements so Board has better understanding of this.

Chief Wharem indicated that neither one of them had any idea what agreements Town had regarding this. (PS) noted that he was unaware they had not received this and would get this information to them as soon as possible.

Chief Johnson noted that this was a very extensive project and a member of his department has worked on this coordinating all the signs and hydrant locations. This is in the final stages of being completed and he will provide a copy to Board members. Chief Johnson related that he felt there was a lot of good information coming out of this. Board agreed to table this matter until December 1st. Both Chiefs will be requested to attend this meeting.

PUBLIC HEARING

6:15 p.m. Public Hearing – Proposed Bond Issue for WWTP.

(LS) read into the Minutes the proposed Warrant Article for a Special Town Meeting to be held on December 12, 2009. (See attached.) (LS) explained the reason for this proposed bond issue.
Public Input:

None.

Ron Vien explained the construction and improvements which included roof, concrete wall repair, construction of a roof over existing walkway, eyewash stations and cleaning of the wastewater lagoons.

Ted Mitchell: How much of this is required by State? Ron Vien noted that the building needs to be fixed or later the entire building would have to be replaced which would be even costlier.

Close Public Input

(PS) The Budget Committee met on Saturday, November 7th, and voted unanimously to recommend this Warrant Article be addressed at the Special Town Meeting on December 12, 2009.

(LK) Motion to approve Warrant Article as written for Special Town Meeting on December 12, 2009. (DM) Second. Carried 5-0.

Time: 6:24 P.M.

(LS) – addressing Ron Vien: “What happened on Saturday? Why weren’t you there? The Budget Committee had a few questions for you that this Board was unable to answer. Ron Vien noted that he misunderstood the purpose of this meeting. (LS) Please make sure that next time you are able to participate.

APPOINTMENTS – Continued:

6:20 P.M. – Police Chief Robert Wharem Re: Request for Meeting

(LS) Chief Wharem is here tonight to address the Board cuts which were made to Police Department at budget work session.

Chief Wharem related that he had concerns about the cuts that were made in the budget and “I have a budget to present which is decreased by $26 from 2009. I will pass out a copy of this for your consideration. The sergeant position is back in the budget.” After meeting with the sergeant, I have made several cuts and I am asking that this budget be funded with no increases.

(FH) had several questions pertaining to the part-time patrol officers and Chief explained the reasons why it is noted that way.

(LS) Originally we asked you to come in along with all the Department Heads with a level funded budget. You did come in with a budget that was not level funded. Then you came in and we discussed that and we could not support that so we asked you to go back to look at it again.

Now, if I am not mistaken, Denise Morin, Budget Committee liaison sat with you and you were still unable to come to a level funded budget without compromising the Police Department, I believe. So what I would like to propose at this point in time is that we table this until our next meeting. I would like to go through this and review and make sure operations are not being compromised.

(EV) I would request that Chief be here at that time. (LS) I have done a little review analysis which might be helpful in coming to our determination which gives a comparison of budget and staff. She noted that the town most like Pittsfield would be Allenstown. Chief Wharem noted that Henniker is also a match to Pittsfield. (LK) noted that Henniker has a college. He questioned whether her analysis is of operational budget and takes into consideration the demographics. (He requested a copy of said analysis, which he was provided.)

NEW BUSINESS – Continued:

7. Bonus Payment Request – HSA Inspector

(PS) A memo from HSA has been received asking that the HSA Inspector be provided a performance bonus in the amount of $125. (LK) We had talked about having the applicant pay the Court fees. (PS) This was discussed, but this would have occurred prior to that time. (LK) I thought he would routinely do this from now on. (EV) It might have been before that time. If this is a one-time deal, I am happy to approve. (DM) I agree. I know he did research on this but this happened before the Court cases occurred.

(EV) Motion to approve performance bonus to Fred Okrent on a one-time basis in the amount of $125. (DM) Second. Carried 5-0.

(LS) noted that expenditures exceed benefits. (PS) to check into this.

8. Perambulation

(EV) noted that about two years ago Board members walked the boundary lines between Pittsfield and Chichester, but it was never completed. I would like Fred Hast to finish this. He did it seven years ago and probably would know the area. He noted that markers were found down to the river area and Board should consider using GPS.

(EV) Motion to appoint Fred Hast to complete perambulation between Pittsfield and Chichester. (LK) Second. Carried 4-0 (FH) Abstain.

9. Community Development Block Grant

(LS) The Community Development Block Grant was applied for through the Town for Amenico and I believe that they have not utilized it. We need to remove Town from that since it has not been utilized so that our hands are not tied should we want to use it again. (PS) to look into this.

INFORMATION ITEMS

(PS) There is a memo regarding the copier/printer/scanner pertaining to the Town Hall and the Police Department. Board agreed that they would address this at the time of the Budget review tonight.

OLD BUSINESS

1. Town Hall Improvements Pending
2. Sidewalk Improvement Plan Pending
3. Capital Improvement Program Pending
4. Health Officer Pending
5. LGC Job Descriptions
(FH) When are we going to go through these job descriptions? We paid good money to have this done. Some of the employee classifications do not fit the people and some people do not fit the classification. I would like to do these as soon as possible. (LS) noted that Board would be addressing this as soon as the pending budget issues are completed.
6. Selectmen/TA Goals & Objectives Pending
7. Firefighter/EMS Cross Training Pending

APPLICATIONS AND WARRANTS

None.

CHECKS AND MANIFESTS

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

(DM) Motion to approve Payroll and Direct Deposit. (EV) Second. After discussion: Carried 5-0.

Discussion: (LS) There is a significant amount of overtime in the Police Department and at the same time part-timers are working details. I would like to take a closer look at the scheduling to work out the “kinks.” (EV) Fire Department also has had a lot of overtime hours. (LS) Maybe by working on the schedule, we can have the part-timers alleviate that. I am still not happy with the overtime issues and I have asked on numerous occasions that this be controlled.

MINUTES

1. Public Session Minutes of November 3, 2009

(EV) Motion to approve Public Session Minutes of November 3, 2009.
(DM) Second. A small correction regarding a spelling of a word was noted. Carried 5-0.

2. Non-Public Session Minutes of November 3, 2009

(EV) noted that there was a correction that he would like to make and this will be noted during the Non-Public Session later in the meeting.

PUBLIC INPUT

Kathy Green noted that she has lived in Pittsfield all her life and she is upset about the cuts in the Police Department. If it was not for the quick response by Officer Emerson, “my daughter would be dead. Police responded very quickly and Officer Emerson gave her back her life” and she attributed this to Officer Emerson.” Chief Wharem and the Police Department do an excellent job. You people have no clue what goes on out there. You do not live in Town but rather on the outskirts of the Town. They care about the kids. Drugs took my nephew’s life and I am well aware of things that happen in this Town. The kids love Sgt. Walter and cutting him out is a big mistake. The crime in Town is not what you think.

You people need to look at this new budget. What is it going to take? I understand there are cuts with the economy being what it is. You cannot find a better Police Department than in Pittsfield. Chief Wharem devotes his heart and soul to this Town. If we cut this budget and lose officers, who is going to pick-up the slack?
I thank the Police Department to the end of my life for my daughter’s life. Please reconsider the Police Department budget. Find a different way to cut the budget. You hired the Chief to do a job and you have to let him do his job in his time and fashion without too much interruption. If you do not let him do it, you are going to lose him.

Robert Gauthier requested to address the detail in regard to the Police Department. (LS) noted that this would not be the proper forum at this time.

Nicole Mantieau requested Board look at the budget Chief presented with an open mind in a non-biased manner. I live in the middle of Town and have five little kids and at least 5-6 days a week I see the blue lights flashing outside. I fear what would happen if there were no police officers on call. To have to wait for an officer come from another town would take forever and I would hate to see that. I pay a lot of money in taxes and am happy to do it but I would like to get what I pay for. Please think about this. “This is a great Town and I would like to keep it that way. I see it getting safer and would hate to see that get undone. Desperate times call for desperate measures.”

Mr. Heroux noted, “We hired the Chief to do a job and we should let him do it. If we do not let him do it, we are going to lose him.”

Another resident, Wendy Vaillincourt, related that she resides in Pittsfield and is raising a fifteen year old grandson who is going to pursue criminal justice and it is because of Sgt. Walter. He sees their presence and the respect that they receive and what they do and that has to be attributed to this Police Department.

Aaron Metco, age 14, related that he has been involved with the Explorers and has worked with Sgt. Walter in the past and he is very pro-police.

Close Public Input

(LS) First of all, I think it is a sad thing that fear tactics have to be used to make people afraid of what is going to happen because of our budget decisions. I want to say that it is not our intention to take any officers off the streets. We have seven part-time officers and five full-time officers working for Pittsfield Police Department.

The way we looked at this was rather then take officers off the street, we agreed there is crime out there and for some reason it is not going away. So, we thought we would take a look at administration. We did not put a person to that position that was going to be taken out. We did not put a name or face to the line; we specifically did not say which line we were taking out. We left it up to the Chief. So whatever decisions were made were based on the Chief’s decisions. As far as this article goes, I think if you get nothing more out of this article, you can see that the Board of Selectmen are trying to make decisions that are not going to take the officers off the streets but those that might save the taxpayer a little bit of money. You know our budget is pushing a million dollars for the Police Department budget.

We are a community of 44-4,600 people. The analysis I just did, I tried to get comparable communities and I do not want any of you people to think we are trying to take your police officers off the streets and that we do not care and want to take any positions away. That is a very, very difficult thing to do from this perspective. What we want to try and do is make the operations of the Police Department most efficient, hence part of the reason we accepted his resignation as Emergency Management Director. I might add that this was done prior to our decision to come back in here and talk tonight and it is the second resignation we have taken a look at because we know the Chief is overwhelmed. We are trying to work with the Chief to see that he is able to fulfill his obligation to maximize efficiency without having to take officers off the streets. I do not want anybody in here to be fearful that we are going to cut position that would jeopardize the Police Department.

I would ask you to look at the Town of Webster. We are not that drastic. We did not ever say that our Police Department was not doing a good job. This does not have to do with what kind of job is being done; it has to do with what we can afford with the money we have and still ensure the people of Pittsfield are safe. So, I hear what you are saying. I empathize with you. No one has ever called police officers evil. This wasn’t meant to ever take police officers out of the picture. It was administration and administration alone.

What decisions have been made from there, were not made on our part. It was left up to the Police Chief, so I just want to share that with you all.

Chief Wharem: Can I say something? (LS) You can say something, but keep it to the point. I do not want any scare tactics in this room. Chief Wharem: It is to the point and there are no scare tactics in this. I believe, if I remember the Minutes correctly, that the Board cut a sergeant’s position. (LS) Yes, we did – a sergeant’s position. Chief Wharem: A sergeant and a specific line item which happens to correspond with a name. (LS) It wasn’t a specific line item. It specifically said a sergeant position and we were leaving it up to you – that’s what was said. Does anyone disagree with that? Chief Wharem: The one that was cut in the budget presented to me was a specific sergeant’s position. (LS) That did not come from this Board. Chief Wharem: I understand maybe it didn’t but that is what came to my desk. (LS) I am just telling you it did not come from this Board. I was very clear to make sure a specific line was not mentioned. Okay?

(LK) I have been on the Board for four years and this was the hardest decision I have had to make. You have to look at it as a community as a whole and it is a lot different than looking at it from a department. Public safety is our number one concern. Does it make it perfect? No. It was not easy to make this decision. We asked Chief to level fund and he could not, so this Board had to do it. It had to be done. The budget was high and people are out of work, having difficulties paying mortgages and utilities. Police calls are increasing. We now have a revised budget and I will review that.

(DM) I respect Chief Wharem and will be looking at his proposed budget with an open mind.

(FH) I will definitely go through his new budget. I glanced at it quickly and I believe he has cut down more than he should have. All departments have been cut down to the bare bone. We are all in the same boat just cutting, cutting, cutting.

Next year is revaluation year and the taxes went down this year, but the tax rate next year is going to be going up. (LS) Fred, you do not know that for sure.
(FH) Yes, it is inevitable.

(EV) When we started the budget review, we told every department what we expect – level funding. All increases were sent back to the drawing board. Chief did come in with an increased budget. It was either cut 3-4 positions or one position. Now he is coming in with a level funded budget. I guarantee you I will be studying this budget and give it all the consideration it deserves.

(LS) This Board spent numerous hours trying to make things more efficient and it has not always been easy. Some changes have saved a lot of money, many by simply enforcing rules. We will continue to go through the budget and look at the schedules and see if we can get the best service for the least amount of money. Pittsfield has good services. We appreciate your opinions and we are not going into this blindly. I have been looking at the budget for four years and it has been a learning process. The Board is not taking anything away. This is the most difficult thing I too, have had to do and I will take a good look at the Chief’s proposal.

OTHER

(LK) I have talked to Nancy St. Laurent and she has advised that you called her and resigned as Emergency Management Director, and that this Board has accepted your resignation. I thought you were going to fill that position until we find someone else? It may take a month or so. I know you gave your resignation because your obligations lie first with the Police Department.

Chief Wharem: “I would never leave this Town high and dry.” I will discuss with Paul tomorrow.

(LS) read into the Minutes the Homeland Security Management Law. This Board has the right to appoint anyone as Emergency Management Director. We have a paid staff and in the job descriptions it states that individuals are responsible for performing all duties as requested. Basically, the Police Chief and the Fire Chief have been directed by this Board to be in charge as Emergency Management Directors. This is not a volunteer position, but your duty.

Mr. Heroux at this point noted to Board, “My matter is still not settled regarding my motorcycle registration and if it is not settled by the end of the month, I am going to take it to Court.” (PS) noted that he did not know anything else about this. Mr. Heroux noted that he has left several “general messages” for the Town Clerk and no one has gotten back to him.

Majority of the audience left at this point (7:21 P.M.)

Short break: 7:22 P.M. Board returned at 7:28 P.M.

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

Board went into Non-Public Session at 7:29 P.M.

Board returned to Public Session at 8:15 P.M.

(DM) Motion to seal Non-Public Session Minutes of November 17, 2009.
(EV) Second. Carried 5-0.

MINUTES – Continued:

(DM) Motion to approve Non-Public Session Minutes of November 3, 2009 with corrections. (EV) Second. Carried 5-0.

EMERGENCY MANAGEMENT DIRECTOR

(LS) What are our other options?

(LK) We can call in some other experienced individuals. Paul should talk to Bob to remain in position just until we fill it. After talking to Nancy St. Laurent, she advised that she needs a contact to call in an emergency. We can use a citizen, ex-Fire Chief or Police Chief and if their plate is full, they can direct it to another police officer or fire officer. She indicated to me that the Chairman of the Board now is the Emergency Management Director.

(LS) This Board can be the contact person temporarily. Board noted that it would probably be better to have just one member as contact person. (LK) There is a lot of training that has to be done, which I could probably do in a couple of months, but not right now. By then, I will have a lot more time to do the training. They do have a lot of classes you can take. After further discussion, Board agreed

(DM) Motion to appoint Larry Konopka as temporary Emergency Management Director and Ed Vien as temporary Assistant Emergency Management Director. (LS) Second. Carried 3-0. (LK) and (EV) abstain.

BUDGET REVIEW

Legal Expenses and Personnel Administration (4155):

(DM) Motion to approve Line 49 at $2,022. (EV) Second. Carried 5-0.

Lines 50 and 51 will be left undecided for now.

General Government Buildings (4194):

(DM) Motion to approve Line 62 for $5,350. (EV) Second. Carried 5-0.

(DM) Motion to approve Line 63 for $10,486. (EV) Second. Carried 5-0.

(DM) Motion to approve Line 71 for $3,100. (EV) Second. Carried 5-0.

Police (4210):

(DM) Motion to approve Line 109 for $1,392. (EV) Second. Carried 5-0.

Ambulance (4215):

(DM) Motion to approve Line 150 for zero amount. (EV) Second. Carried 5-0.

Fire Department (4220):

(EV) Motion to approve Line 170 for $58, 595. (FH) Second. Carried 3-2 (FH) and (LK).

(DM) Motion to approve Line 189 for $1,300. (EV) Second. Carried 5-0.

Board at this point revisited Line 170. (LS) noted that Board should leave it where it was and follow through with research. Line 170 was re-motioned:

(LS) Motion to approve Line 170 for $57,990. (DM) Second. Carried 4-1 (LK).

Solid Waste Disposal, Hydrants & Dam Fees (4324 & 4339):

(FH) Motion to approve Line 269 for $157,869. (DM) Second. Carried 5-0.

(DM) Motion to approve Line 270 for $121,257. (EV) Second. Carried 5-0.

Capital Outlay (4901) and (4902):

(DM) Motion to approve Line 315 for $24,798. (LK) Second. Carried 5-0.

(DM) Motion to approve Line 316 for zero amount,
Line 317 for zero amount,
Line 318 for $15,062,
Line 319 for zero amount,
Line 320 for zero amount,
Line 321 for zero amount,
Line 322 for zero amount, and
Line 323 for zero amount.

(EV) Second. Carried 5-0.

Transfers to Capital Reserve & Expendable Trusts (4915):

Board briefly discussed and noted that they would address at next BOS meeting.

Next Meeting:

Board agreed they would discuss encumbrances, capital reserves, incentives and contract at the next Board meeting on December 1st.

(DM) We will look at Police Department budget at that time.

ADJOURNMENT

(FH) Motion to adjourn. (EV) Second. Carried 5-0.

Meeting adjourned at 9:04 P.M.

Approved: December 1, 2009

_____________________________ ______________________
Linda Small, Chairman Date

I hereby certify that these Minutes were recorded by me and publicly posted on November 19, 2009.

______________________________________
Delores A. Fritz, Recording Secretary

III Tapes