SEPTEMBER 15, 2009 Minutes

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

MEETING MINUTES OF TUESDAY, SEPTEMBER 15, 2009

CALL TO ORDER

Call to order at 5:00 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.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 5:02 P.M.

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

(EV) Motion to seal the Non-Public Session Minutes of September 15, 2009. (DM) Second. Carried 5-0.

Break at 6:02 P.M. Board resumed meeting at 6:07 P.M.

PUBLIC INPUT

Mr. Robert Heroux appeared regarding concerns in registering a motorcycle he recently purchased. He noted that there are several different manufacturer selling prices on the motorcycle. He noted his wife has registered the vehicle and noted the excessive registration costs and notified him while he was out of Town.
(PS) explained that in most instances, the actual purchase price of a vehicle is not a concern, but rather the list price. It was agreed that Mr. Heroux would bring in the documentation as to the value of the vehicle. (LS) suggested he discuss with Town Clerk. Mr. Heroux agreed.

APPOINTMENTS

6:00 P.M.: Matt Monahan, CNHRPC Re: Scope of work Proposal – Planning Board

At 6:15 P.M., Mr. Monahan outlined for the Board his proposal based upon his meeting and discussion with the Planning Board. He explained the process of a pre-application meeting, creation of the applicant’s plan (4 weeks), establishing a memo for procedures to be followed, meetings involving the BI, Planning Board secretary, applicant, and himself to determine that all matters involving applicant’s request are met. It is then presented to the Board which is approximately six to eight weeks from filing. Cost to the applicant would approximate $50.00 an hour.

(LK) noted that the Town can benefit from this type of assistance. “I have checked the lead time for applications to the Planning Board in surrounding towns and it is a six to eight week window, depending on the project.” Board members agreed it would actually cut time down as there would be no jumping back and forth, keeping it professional and in the right direction.

(FH) noted that the BI should be able to walk applicant through a project. Why should applicant pay an additional fee of $50.00 an hour?

Clayton Wood, Alternate, Planning Board offered his thoughts as to the Planning Board never completing a project since he has been on the Board. He noted that he felt that the cost factor was a concern though a small investment for anyone wanting to complete a project and did not feel it was unreasonable.

(LK) Motion to accept the proposed Scope of Work provided by CNHRPC and a Circuit Rider Planner to assist the Planning Board with applications effective September 15, 2009 and reviewed by Board of Selectmen in June 2010.
(DM) Second. Carried: 4-1 (FH).

(LK) Motion to approve one time start-up program cost of $1,050 as proposed by CNHRPC. (DM) Second. Carried 4-1 (FH).

Matt Monahan left meeting at 6:40 P.M.

6:42 P.M.: Craig Tufts – CNHRPC – Report from the Route 28 Corridor Committee

Mr. Tufts presented to the Board the results of the Route 28 Corridor Study and briefly explained the contents.

NEW BUSINESS
ACTION ITEMS

1. Health Officer Report

(LK) noted that since there is not currently a health officer with medical training in the Health Department that Town should have a medical person here to offer direction should there be any severe case of H1N1 or other medical issues. Board agreed and it was suggested that school be contacted to see if someone with medical training would volunteer. This will be reviewed next meeting.

2. Ethics Committee Decision Re: Miskoe/Pritchard

(LK) recused himself from the Board and was seated in the audience.

(PS) noted that all information pertaining to this issue has been forwarded to Town Attorney with the question posed, “Based upon all the information, what would be reasonable action by the Board of Selectmen associated with the decision rendered by the Ethics Committee?” (LS) This will be tabled for now until response from Town Attorney and reviewed next BOS meeting.

Don Chase noted that this would have to be accomplished within thirty days.

(LK) returned and was seated on the Board.

3. Board of Selectmen Certification of MS-5

(PS) This is another State Department form which should be completed and submitted which outlines the financial report and requires certification by governing body. I have looked at it and it appears in order from what I understand.

(DM) Motion to approve MS-5 for 2008. (FH) Second. Carried 5-0.
4. Concord Hill Sidewalk/Retaining Wall

(PS) In my review of the letter, it is noted that the State is willing to cap the Town’s share for this. (LK) The Board has already decided to do this. (PS) The other option would be for the Board to approve the application for State Highway Aid and then further review documentation that has been presented that it is not State property, unless internal documentation exists. (FH) Where is the money for this project coming from? (PS) We will review the budget and decide next week. (LK) This is a matter of public safety and has to be done.

(LK) Motion to approve submission of Application for State Highway Aid in the amount of $33,333.34. (DM) Second. Carried 5-0.

(FH) had some concerns regarding the measurements as provided by the State. (LS) suggested that he could look into that and provide the Board with his findings.

5. Transfer Request – General Fund to Conservation Commission

(EV) Motion to approve transferring $1,060 from General Fund to Conservation Commission. (DM) Second. Carried 5-0.

6. MS-1: BOS Signature

(LS) The State assessment is a lot lower. We might want to see what our appraisers would evaluate the properties for, and if it is significantly different it would be nice to have a comparison.

(DM) Motion to accept the MS-1. (FH) Second. Carried 5-0.

7. Memorandum from Police Chief Robert Wharem Re: Resignation from Emergency Management Director Position

(PS) The Police Chief is resigning as Emergency Management Director.
(LS) Paul, who generally does emergency management? (PS) Usually it is the Police and/or Fire Chief. (LK) suggested discussing in Non-Public. Board agreed that (PS) would review Statute and invite Chief Wharem to attend next meeting to discuss.

8. County Attorney Prosecution Agreement

(PS) The County Attorney has presented a contract as proposed by the Merrimack County Attorney Kathi Rogers. In the past this service has been provided to the Town without a contract. At least one-third of the cost of prosecution is to be recouped from the individual towns. This year’s fee is approximately $5,400 and in 2010 about $8,300 is being requested.

Board will discuss with Chief Wharem at next BOS meeting.

9. Letter dated September 1, 2009 from Gary Volpe Re: Sewer Charges

(PS) It is noted that Mr. Volpe has his own well but utilizes the sewer system. He is owner of the now condemned house at which a fire occurred on June 8th and has requested a refund of sewer charges. (PS) He is not specific in his request. Board determined that there are approximately 22 days of the sewer bill that could be refunded.

(LK) Motion to refund Frank Volpe for 22 days of sewer service regarding
34 Main Street. (FH) Second. Carried 5-0.

10. Letter – Clayton Woods Re: Ethics Committee

(LK) questioned whether it would be necessary to recuse himself from this. However, Board agreed that it was not necessary.

(PS) Clayton Woods has submitted a letter noting that he is not content with the resource information that Board relied upon in reaching any kind of decision. I have discussed this with Clayton about a month ago. I would suggest responding to Clayton that Board’s decision was guided by legal information we received. (PS) to do.

INFORMATION ITEMS

1. Schedules

(LS) Please obtain the Police Department Schedule for August and September and the Fire Department for August.

2. Heritage Grants

(DM) noted that she had attended the mandatory grant writing class which urges restoration as opposed to replacement of windows. She noted that the costs are substantial per window (approximately $3,000 with about 25 windows to be restored) and that she had a list of restorers. This is a 50/50 grant and will also be available again in July next year. There is still another grant that I would like to research. Board agreed that the other grant should be researched. (PS) to check with BI to obtain window restoration estimate.

3. Carpet – Town Hall Offices

(LK) noted that Board had received a quote for replacement of carpet in offices at Town Hall. “I do not understand all that is proposed.” (LS) I would not want to see Town spend this kind of money for carpet. (LK) noted that he would rather see a volunteer seek quotes as opposed to BI utilizing his time for this. (PS) to check into it.

Break at 7:35 P.M. Board resumed meeting at 7:41 P.M.

4. Letter 8/26/09 Debra Gauthier Re: Hours of Work
5. Letter 9/3/09 Debra Gauthier Re: Health Insurance
6. Memo 9/8/09 Chief Wharem: Re: Balloon Rally Payroll
7. Memo 8/25/09 Chief Wharem Re: BOS Minutes 8/25/09
8. Letter 9/8/09 from DES Re: Tan Road Closure of Action
9. Ambulance Accounts Receivable Report: September 2009
10. Welfare Monthly Report August 2009
11. Letter Re: Merrimack County Juvenile Task Force
12. Fire/Rescue Monthly Report – August 2009
13. Note from Clerk Re: Cash Drawer
14. Letter Bill Miskoe Re: Attorney Fees
15. E-Mail Atty. Laura Spector Re: Pennichuck Rate Case )
16. E-Mail Atty. Laura Spector Re: Pennichuck Rate Case Date)

(LS) Legal fees should be monitored regarding this since originally it was agreed that a limited amount would be needed to pursue this. There are a limited number of residents who actually utilize Pennichuck. It was noted that Mr. Sansoucy was to submit some financial information on this.

17. Letter from DOT Re: Reach the Beach

(FH) This relay comes through Pittsfield every year. We should send them a letter acknowledging that. (PS) to do.

18. Memo 6/26/09 Fire Chief Re: Ambulance Billing Policy

(FH) We should review the collection policy for past due Ambulance accounts. (DM) This is going to take some work and establishing guidelines. (FH) It should be rejuvenated.

19. Letter from DES 9/8/09 Re; Tan Road/Closure of Action

OLD BUSINESS

1. Town Hall Improvement, Life Safety Codes )
2. Sidewalk Improvement Plan ) Pending
3. Generators )
4. Fleet Fuel Charge Card

(LK) noted that he had discussed with Bob the difference per gallon of gasoline compared to other stations. It is noted that Mobil is about ten cents cheaper and it is usually because of county… He related that normally they compete and it usually evens out. (LK) requested he put this information in writing for Board review. (LK) noted that he likes the availability of 24/7 and that it would be an in Town purchase from a local businessman. (PS) related that Town uses approximately 10,000 gallons per year and service fee would be about $1,000.

(LK) Motion to approve the Shell Fleet Plus Card for Town vehicles for gasoline at Bell Brothers. (LS) Second. Carried 4-1 (FH).

(LS) I think it is important to support local businesses. (FH) I can’t bring myself to do that. Money is money. (EV) I hope that we can review this after a few months. (FH) There is usually no emergency in getting gas. (LK) related that it can be reviewed by April 2010. (EV) We should make it known to Bob that BOS will be reviewing this. (PS) Just to clarify, we are just adding the Shell account and not eliminating Exxon at this time.

5. LGC Job Descriptions )
6. BOS/Town Administrator Goals & Objectives ) Pending

APPLICATIONS AND WARRANTS

None.

CHECKS AND MANIFESTS

(DM) Motion to approve Accounts Payable and Check Manifest.
(EV) Second. After Discussion: Carried 5-0.

Discussion: (LS) I have a question regarding the Beauregard bill. There is a difference in cost as to what was charged and what was supposed to be charged. (FH) and (DM) reviewed bill and noted that it included other services (brake line repair) that were not included in the initial estimate. Board agreed that bill could be released for payment.

(DM) Motion to approve Payroll and Check Manifests. (EV) Second. After Discussion: Carried 5-0.

Discussion: (DM) Is the Public Works Department back to normal schedule from the four day summer schedule? (PS) noted he was unsure, but would check.

PUBLIC INPUT

Don Chase noted that he would like to comment as a private citizen that he is hoping that this Board does not approve the revised Draft Minutes of August 18th. He noted that he has been around for the last fifteen years in this Town and that this was totally unprecedented. I have talked to several people and they have noted that it is a clear attack, inappropriate, and would be setting a precedent.

(LS) responded that this was not in any way an attack. We do not often do Minutes verbatim, but sometimes the Board does correct the Minutes to accurately reflect what transpired. The only reason there are so many pages is because there were a lot of topics discussed. Whether or not the revisions are officially approved, it is a matter of public record and will be readily available for review.

We have had discussion after discussion on these subjects with Police Chief. The original Minutes were not accurate. It was like one person having a conversation. I would like to make sure that the conversation is accurate. I did dominate that conversation. I invited the Chief. I would like the Minutes clear and readily available for review.

(EV) The revised Minutes were posted. (LS) To be honest, I want it to clearly reflect the conversation that transpired. These revised Minutes are what were brought up for discussion the last time we met. I am Chairman of this Board and have the right to correct the Minutes. They more accurately reflect the discussion and are not intended as an attack. It is what actually took place. They are clear and accurate Minutes. (EV) Part of the concern for me, is that we have never done this before. This is the first time I have seen something like this in the three years since I have been here. (LS) related that she would not want to do this on a routine basis. (EV) My other concern is that it was posted without any of the other Board members having any input. (LS) My revised Minutes are what were brought up for discussion. (EV) It was clearly a “re-write by one Board member.” (LS) As Chairman, I have a responsibility to get accurate info. We cannot do verbatim Minutes of every meeting. I do not know why anyone would have a problem. These are what should have been done in the first place. It should have been an accurate address of what took place. That is why there are a lot of changes being proposed.

(EV) I see it as opening a floodgate. (LS) If something was that important to you, I would support you. What is in the original Minutes is not incorrect, but rather incomplete. I understand what you are saying, but we have had and had and had these conversations with Police Chief.

MINUTES

3. Public Session Minutes of August 18, 2009

(DM) Motion to approve original Minutes of August 18, 2009 as presented to Board. (FH) Second. Carried 3-1 (LS). (LK) Abstain.

(LS) I want the revisions to be added as an Addendum readily available for review along with the approved Minutes.

Board discussed the possibility of having Minutes transcribed and available for public review, but not be posted at Town Hall as it has been done in the past until they are approved by the Board. Don Chase reminded Board that they had voted in the past to post DRAFT Minutes. Board will re-address at next BOS meeting.

1. Public Session Minutes of August 25, 2009

(LK) Motion to approve Public Session Minutes of August 25, 2009.
(DM) Second. After Discussion: Carried 5-0.

Several corrections were noted as to dates and names.

4. Non-Public Session Minutes of August 18, 2009

(DM) Motion to approve Non-Public Session Minutes of August 18, 2009.
(EV) Second. Carried 4-0. (LK) Abstain.

2. Non-Public Session Minutes of August 25, 2009.

Approval tabled until September 22, 2009

PUBLIC INPUT

Don Chase: As you know, I drive every day all week long and utilize medium grade gasoline and I disagree that there is not a big difference in gas prices between the different brands. Sometimes it can be as much as $.22 a gallon.
(LK) noted that Board would keep an eye on it. Mr. Chase noted that he is in favor of supporting local businesses.

Mr. Chase questioned why Clayton Wood is writing to BOS. The Ethics Committee is an autonomous committee and regardless of whether you agree or do not agree, you can do nothing about it. To imply we did something wrong – we investigated. The only thing we did not investigate is the personnel records. Mr. Chase quoted from Clayton Wood’s letter “…made it clear in the meeting that all guidance he received from Town officials, attorneys, the LGC and private consultations made the determination that any E-Mail between Town officials that contained only Town business was public record regardless of the fact that it was not received by quorum of a public body.” I know Mr. Wood is knowledgeable, but so is Laura Spector. I would agree that it is public record. To have him state “exceeds the requirements of RSA 91-A” is incorrect. I am the biggest fanatic on RSA 91-A and assure you that it did not take place.

Mr. Chase left meeting at 8:35 P.M.

BUDGET

Executive (4130):

(LK) Motion to approve Lines 1- 4 and 6 – 12 for budget year 2010.
(DM) Second. Carried 5-0.

Financial Administration and Revaluation (4150 – 4152):

(DM) Motion to approve Lines 28 and 29 and Lines 31-35 for budget year 2010. (LK) Second. Carried 5-0.

(LK) Motion to approve Lines 45, 46, and 47 for budget year 2010.
(DM) Second. Carried 5-0.

(DM) Motion to approve Lines 42 and 43 for budget year 2010. (EV) Second. Carried 5-0.

Legal Expenses & Personnel Administration (4153 – 4155):

(LK) Motion to approve Lines 52, 53, 54, 55 for budget year 2010.
(DM) Second. Carried 5-0.

Insurance, Advertising and Regional Associations (4196 – 4197):

(LK) Motion to approve Lines 83, 84, and 85 for budget year 2010.
(DM) Second. Carried 5-0.

Welfare (4441 – 4444):

(LK) Motion to approve Lines 277 through 286 as presented for budget year 2010. (DM) Second. Carried 5-0.

NON-PUBLIC SESSION

(LK) Motion to go into Non-Public Session per 91- A:3 II (a) and (c).
(LS) Second. Carried 5-0. 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 9:40 P.M.

(EV) Motion to seal Non-Public Session of September 15, 2009. (DM) Second. Carried 5-0.

OTHER

(DM) Motion to distribute Memo as discussed in Non-Public Session as revised. (EV) Second. Carried 4-0. (LK) Abstain.

(LK) Motion to pay Planning Board Recording Secretary Dina C.
$14.00 per hour for up to six meetings. (DM) Second. Carried 5-0.

ADJOURNMENT

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

Board adjourned at 9:50 P.M.

Approved: September 29, 2009

_____________________________ ___________________________
Linda Small, Chairman Date

III Tapes

I hereby certify that these Minutes were recorded on September 15, 2009 and publicly posted on
September 17, 2009 and reposted on September 23, 2009.

________________________________________
Delores A. Fritz, Recording Secretar