SEPTEMBER 29, 2009 Minutes

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

MEETING MINUTES – TUESDAY, SEPTEMBER 29, 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

(DM) Town Hall Doors, Message Board, (PS) Shell Commercial Credit Application, Letter of Multiple Resignation – Larry Konopka, Town Attorney Opinion Re: Pritchard/Miskoe, Transfer Conservation to General Fund, Radio reprogramming response requested by State Department of Safety, Ted Mitchell – Approval for Planning/Zoning Training, (LK) Suggestion Box, Property Damage – Clough Road; (EV) BCEP; (LS) Evaluations.

BUDGET REVIEW

5:30 P.M. Fire and Ambulance

Chief Gary Johnson and Capt. Jen Tedcastle appear to review 2010 budget.

Ambulance (4215):

Beginning with the Ambulance budget, Board and Chief Johnson discussed Lines 135 through 153 and discussed new equipment purchases, uniforms, and protective gear. Chief Johnson explained his rationale on the necessity of equipment covered by these line items. (LS) All these lines are based on 48 hours rather than 40 hours? Chief Johnson: Yes. Board and Chief Johnson were able to determine that some of these items could be reduced from the proposed item line.

Ambulance and Fire Shared (4219):

Lines 154 through 169 were reviewed with Chief noting that September has been a busy month and some of the proposed budget lines were driven by the amount of calls. Board and Chief Johnson discussed increased Secretary, Line 154 to thirty hours per week, computer software, and EMT and EMS training. Board member noted that many employees are deserving of a raise, but Board has voted to not grant any non-union employees raises. (LS) noted that she would like to see a step program for all non-union employees.

Fire Department (4220):

Board and Chief Johnson reviewed the 2010 budget. (LS) On Line 171, I do not support increases in that line. I am not convinced it is serving the purpose for which it was created. Chief Johnson noted that he has eight officers who are present most of the time at the office and are responsible for emergency calls, training, code enforcement, administrative work, and apparatus maintenance.
(EV) Are all officers paid at the same rate? Chief Johnson: “No.” He noted that many donate as much time as they get paid for.

(LK) noted that Board approved not granting any increase to any employees in 2010 due to the economy.

Board and Chief Johnson were able to determine several decreased values as proposed. Board agreed they would address these items later in the meeting.

NEW BUSINESS
ACTION ITEMS

2. Fire Chief Re: Oil Tank Shed

Chief Johnson related that he has consulted with Building Inspector and received some notations on cost of supplies from Barton Lumber and that the cost would be about $981.51 to re-build the oil tank shed with Merrimack Board of Corrections supplying the labor.

(LK) Motion to approve construction of oil tank shed abutting the Fire Station at a cost of $981.51. (DM) Second. Carried 4-1 (FH).

Discussion: (FH) I know of many outside oil tanks and none of them have a problem with them. Board agreed this would come out of the expendable trust.

3. Fire Chief: Warrant Article Request

(PS) suggested that these warrant article be discussed another evening. Board has acknowledged the warrant article request and will reschedule.

Chief Johnson left meeting at 7:35 P.M.

APPOINTMENTS

6:05 P.M. – Septage Guidelines – Ron Vien

Ron Vien related that at the request of the Board, he has revised the Septage Haulers Guidelines since it will now only involve Pittsfield as of January 1, 2010. He noted that he had reviewed the tipping fees of eight cents per gallon and determined that rate should be eleven cents per gallon.

(EV) On Page 4, it is noted that there is a $100 application fee which is to be paid prior to January, but shouldn’t it also indicate for “any first time haulers?” Ron felt that this is explained in the application form. (EV) noted that payment should be sent to the Town Hall instead of WWTP. (LS) For accounting purposes and separation of duties, the auditors have recommended that all payments be sent to Town Hall. Ron Vien noted that it would be easier to track payments, etc. but agreed that Cara can provide him any/all incoming correspondence for his follow-up.

(LK) Motion to approve revised Septage Haulers Guidelines with recommendation that all payments be sent to Town Hall and renewal fees as proposed by Ron Vien. (DM) Second.

(LK) Motion amended to include tipping fees at $.11 per gallon. (DM) Second to amendment.

Motion and amendment to Motion carried: 5-0.

Update on Repair – Library Pipes

Ron Vien explained the procedure as to how library pipes were repaired and his recommendation that they be left they way they are now. He will look further into root killer solutions to maintain.

NEW BUSINESS – ACTION ITEMS CONTINUED:

1. Circuit Rider Planning Services – CNHRPC

(PS) This has been approved last week and it is back on the Agenda for Board signatures. (LK) noted that the Board will be reviewing it again on June 1, 2010. (DM) Does the applicant pay the fee? (PS) Yes. (FH) What does this do with the job description for the Building Inspector? (LS) It has nothing to do with the Building Inspector; it has to do with CNHRPC. (FH) You wouldn’t say that if he wasn’t a relative of yours.

Break at 7:50 P.M. Board resumed at 8:00 P.M.

4. Municipal Energy Assistance Program

(PS) This application allows for a possible energy audit at no cost to the Town. Building Inspector has completed the application and if acceptable, needs to be signed by the Chair.

(FH) Motion to approve application for NH Municipal Energy Assistance Program with Chair signature. (EV) Second. Carried 5-0.

5. Radio Programming Response Requested by State Department of Safety

(LS) noted that “I wish it had been submitted earlier.” (PS) I reviewed it. The original is dated September 10th and it was received here on September 14th. Chief Wharem related that every town in the State received one. This will allow all emergency equipment throughout the State to be on the same frequency if necessary should there be an emergency. The State applied for the grant and will enable police and fire departments to communicate Statewide with each other.

(DM) Motion to approve Radio Programming Response as requested by State Department of Safety and authorize Chair to sign. (FH) Second. Carried 5-0.

6. Shell Commercial Credit Application

(PS) The application has been completed with tax exemption document completed.

(LK) Motion to authorize Chair to sign Citicorp Credit Services, Inc. application for credit card. (DM) Second. Carried 5-0.

Discussion: (FH) Board voted to go to Shell. I have again checked gas prices and they were down $.14 but today are up $.10. I recommend having the two credit cards and if prices are lower at one, then use that one. (EV) I would hope that if people know this, it will happen. (FH) A Memo should be sent out to all Department Heads. (LK) My motion has nothing to do with gas prices.

7. Letter of Multiple Resignations Dated September 28,2009 – Larry Konopka

(DM) Motion to accept resignation of Larry Konopka as Deputy Building Inspector, Deputy Health Inspector and Deputy Code Enforcement Officer.
(EV) Second. Carried 5-0.

(LS) Thank you, Larry; we appreciate what you have done very much. (LK) I hate quitting anything, but it is necessary.

8. Town Attorney Opinion Re: Pritchard/Miskoe

(LK) recused himself and was seated in the audience (8:13 P.M.)

(PS) noted that before the Board this evening you can follow through on the findings of Ethics Committee as noted by Laura Spector. She has also visited Jim Pritchard’s claims and specific recommendations to the Board as to possible ways to address the matter.

Board agreed that since this document is covered by attorney/client privilege that (PS) would paraphrase for the record. (LS) Because this is a public issue, I would like to see it addressed.

(PS) Ethics Committee’s first finding was that Mr. Pritchard violated Article II, Section 1 of the Code of Ethics and noted that its introduction provisions are “aspirational” and not mandatory. The Ethics Committee found that Mr. Pritchard violated Article III and also may have violated RSA 642:1(1). She notes that this violation of the RSA is not in the Ethics Committee jurisdiction as well as their findings. The Ethics Committee noted that he violated his oath of office which is not within their jurisdiction as well.

(PS) She then addressed Mr. Pritchard’s Claims.

1. That the Committee made no factual findings to support their conclusions.
2. Ethics Committee cited no law which makes his E-mails public.
3. The Committee interprets RSA 642:1(1) too broad.
4. Ethics Committee conduct was grossly unfair.

She noted that Ethics Committee is obliged to review Mr. Miskoe’s complaint and any complaint they receive and the Committee’s findings that the complaint is valid is the Ethics Committee members attempt to comply with the Ethics Ordinance.

The recommendation of Atty. Spector is noted as well as each one of Jim Pritchard’s claims; she believes that the action Mr. Pritchard engaged in does not rise to the level to warrant removal from office. However, it is her recommendation that the Selectmen reprimand him for sending E-Mail to Bill Miskoe in which he offers not to report Mr. Miskoe if he agrees to the zoning rewrite as well as the campaign again Mr. Miskoe.

The substance is that the contents of the E-mails between Jim Pritchard and Bill Miskoe are public and does warrant some reprimand though does not constitute removal from office. She also noted some of the well intended conclusions of the Ethics Committee were beyond the bounds of their ability and that of the BOS.

Atty. Spector related that Jim Pritchard was acting as a Planning Member.

(PS) Regardless of what Mr. Pritchard concludes, it is difficult to separate his positions within the community. As noted, it is not necessary for Mr. Pritchard to come in to be addressed as long as the reprimand is defined in the Minutes of the Board of Selectmen and should be sufficient. (EV) Clearly he needs to be reprimanded. I do not believe his actions are separate and clearly these are Planning Board issues. This does not set well with me and I agree that he should be sternly reprimanded. (DM) Absolutely and this will not be tolerated in the future. (LS) This is intolerable and unacceptable behavior.

(EV) Motion to approve letter of reprimand to be sent to Jim Pritchard.
(DM) Second. Carried 4-0. (PS) to do.

(LK) returned and was seated on the Board.

9. Transfer – Conservation Commission from General Fund

(DM) Motion to transfer $10.85 from General Fund to Conservation Commission fund. (EV) Second. Carried 5-0.

10. Ted Mitchell – Approval for Planning/Zoning Training

(DM) Motion to approve $50. for Ted Mitchell for Planning/Zoning Workshop. (FH) Second. Carried 5-0.

11. BCEP

(EV) As an update concerning the BCEP, the Treasurer has resigned and a Resolution has been put together for BOS to vote on and approve. There will be a retirement party for him next Sunday. (Resolution was read into the Minutes by (EV).

(LK) Motion to accept Resolution and authorize Chair to sign. (DM) Second. Carried 5-0.

12. Weekly Log – Town Hall

(LK) There is a calendar in the Town Hall office which all Town Hall employees, including Welfare and Building Inspector, can note their schedule and days off. Board agreed this would be an excellent idea.

13. Suggestion Box Letter

(LK) noted that a short unsigned letter was left in the Suggestion Box noting,
“Front desk can be a little nicer.”

14. Property Damage – Clough Road

(LK) questioned whether there had been any follow-up on the property damage on Clough Road. (PS) I understand from George that it is still in process of being taken care of, but I will talk with George again. (LK) noted, “Would like to be told or have in writing to be sure that this is taken care of.”

15. Town Hall Doors

(DM) noted that she came into the Town Hall on Sunday and the doors were unlocked. (FH) explained how this happened noting it was an over site on his part.

16. Evaluations

(LS) Do we have a timeframe on the evaluations and can we set up a schedule for this? (PS) In the past, the Board has reviewed them all individually and added commentary afterwards. It was requested that the Absentee Calendars be attached to these evaluations. (PS) to do.

INFORMATION ITEMS

Fire/Ambulance Department Shift Schedule August 2009, Police Department Shift Schedule and Revised Schedule for August and September 2009, PD Arrest Log
7/19 to 8/15/09, Welfare Director Request for Records (9/22/09), Police Special Detail Information (9/24/09), Legal Expenditures 2004 – 9/2009, Red Cross Request for Appropriation, LGC Legal Opinion Re: Tax Deeds, Memo Re: Septage Pilot Program (Ron Vien), DOT/DES Letter Re: Dredging Swale/Rte. 107,DOT letter Re: Bridge Inspection-Webster Mills Road, Supreme Court Brief Prichard vs. Town of Pittsfield, Supreme court Filing Re: Pennichuck Rate Case, Supreme Court filing Re: PELRB Decision-FMLA, and New Release Executive Councilor John Shea, September 23, 2009.

OLD BUSINESS

1. Town Hall Improvements Pending
2. Sidewalk Improvement Plan Pending
3. Ethics Committee Completed
4. Health Officer Suggestion was made to
discuss with school.
5. LGC Job Descriptions Pending
6. Selectmen/TA Goals/Objectives Pending
7. Firefighter/EMS Cross Training To be scheduled
8. Proposed Revision to Septage Guidelines Completed

(DM) noted that CIP should be part of Old Business though they are outdated.
(PS) They will be updated.

APPLICATIONS AND WARRANTS

None.

CHECKS AND MANIFESTS

(DM) Motion to approve Accounts Payable and Check Manifest. (EV) Second.

Discussion: (FH) The shirt orders by Fire Department at $68 apiece for a total of
$930. These shirts should only be worn to brush fires and should not have to be
replaced that often. How often do we get them?

(PS) to check (Check No. 11020) though check will be sent out.

(LS) I have a question regarding the apartment buildings and the six or so checks
that are being sent out. Fred, are you doing the inspections? I would like to check
that they are in compliance. I think you should talk to Diane regarding
inspections and hold check until we know they are in compliance. (FH) noted that
he had not discussed with Diane but would look into it.

Vote: Carried 5-0.

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

(LS) I would like to note that the overtime is down again. (DM) Thank you PD
for this.

MINUTES

1. Public Session Minutes of September 15, 2009

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

2. Public Session Minutes of September 22, 2009

(LK) Motion to approve Public Session Minutes of September 22, 2009.
(EV) Second.

Discussion: Several additions and deletions were noted by (LS)

Corrections were approved by Board and Motion and Second amended to approve corrections/additions/deletions. Carried 5-0.

3. Non-Public Session Minutes of September 22, 2009

(DM) Motion to approve Non-Public Session Minutes of September 22, 2009.
(FH) Second. Carried 5-0.

(DM) noted that in the future if Board decides to table something, that a Motion to do so should result.

Break 9:04 P.M. Board resumed at 9:12 P.M.

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

PUBLIC INPUT

Don Chase noted he was speaking as Chairman of the Ethics Committee. The Town counsel correspondence as read quoted RSA 641 and ours quoted RSA 642. (It was noted that Town counsel did refer to RSA 642 not RSA 641.)

Mr. Chase related that Ethics Committee is not implying that they are trying to enforce State law. (He read into the Minutes RSA 642:1 regarding possibility of misdemeanor charges in such a situation as this.) It was clear to the Committee that he violated that RSA. I am putting you on notice that I am calling a meeting of the Ethics Committee at which time we will determine our next course of action possibly by sending to Supreme Court and letting them determine.

As far as the Town counsel’s comment regarding Article II, Section 1 is “aspirational” at best is strange since Town counsel wrote the code in 2005. The Town counsel is now saying it cannot be enforced. The code when presented to the public was supposed to be “bulletproof” so that it could be enforced and now we are being told that we had no right to do what we did.

I would like this Board to know that I am not happy with this and the rest of the Committee will not be either. At the meeting, we will determine if charges need to be made to Court. I am not happy with recommendations from Town counsel. This is nothing against this Board. We will probably be meeting on Friday at
6:00 P.M. or so and notice will be posted.

Don Chase left at 9:18 P.M.

(LK) returned and was seated on the Board.

BUDGET – Continued

Ambulance (4215)

(EV) Motion to approve Line 146 down to $1,400, Line 147 down to $1,200 and Line 151 down to $400. (LK) Second. Carried 5-0

Ambulance & Fire Shared (4219)

(DM) Motion approve Line 155 down to $6,500, Line 156 down to $4,200, Line 157 down to $650, Line 158 at $23,016, Line 164 up to $300, Line 166 down to $1,600 and Line 169 down to $300. (EV) Second. Carried 5-0.

Total Savings were noted at $1,447.

Line 154 Secretary:

(EV) noted that with the raise this would be $12.93. All Board members agreed that they would like to leave this line as it was previously. (FH) noted that non-Union personnel should get the same increases as Union. (LS) Board agreed that there would be no increases for any non-Union personnel. (FH) If the Union people get 2 ½% then the non-Union should get 2 ½% raise. (LS) I think the position is better compensated than like positions.

(EV) Motion to approve Line 154 at $9,594. (DM) Second. Carried 4-1 (FH).

Fire Department (4220)

(LS) noted that Board has to make impartial decisions and we have to do it for the Town. We have to do what we can control.

(EV) Motion to approve Line 177 down to $1,300, Line 179 down to $500., Line 181 down to $9,000, Line 184 down to $700, Line 185 down to $4,500, Line 186 down to $1,600, Line 188 down to $1,500 and Line 191 down to $250.
(DM) Second. Carried 5-0.

Line 171 Officers Compensation:

(EV) I would like to understand where they are coming from; it is not meant to be a part-time job. (FH) You have officers cover for him when he is gone. He does not go out on ambulance calls. (LS) He does go out on ambulance calls if he has to. (FH) Not many times – majority of the time he does not respond. (EV) Out of all the officers, only two work in Town. (FH) reiterated that he would like to see it broken down to see where the money is. (LS) I just do not want it to continue to grow.

Board continued to discuss the increase in this line over the years, on-call system, training for these individuals, and the position being used as a “part-time job.” (LS) noted that she would like to see some sort of cap on this. I do not understand how things have improved with this system and is it really getting people to the volunteer calls.

(DM) Motion to approve Line 171 at $12,000. (EV) Second. Carried 5-0.

OTHER

(LK) Regarding 36 Main Street, the DES has talked to owner and all permits are in order. The only detriment would be if there is an asbestos issue.

ADJOURNMENT

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

Meeting adjourned at 10:00 P.M.

Approved: October 6, 2009

___________________________ ____________________________
Linda Small, Chairman Date

I do hereby certify that these Minutes were recorded by me on September 29, 2009 and publicly posted on
October 1, 2009.

________________________________________
Delores A. Fritz, Recording Secretary
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