October 18, 2011 Minutes

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

MEETING MINUTES OF TUESDAY, OCTOBER 18, 2011

CALL TO ORDER

Call to order at 6:00 P.M.

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

Maurice Wells: On Page 8, Paragraph II, I never said I saw the Chief at the intersection of Leavitt Road and Route 28. I said I spoke to him later. (EV) I have not yet discussed this with the Chief, but I will.

Close Public Input

AGENDA REVIEW

(PS) Legal Opinion from LGC Re: Personnel, Updated Warrant Articles Re: Personnel, CNHRPC Request for Letter of Support/Brownfields Application, Intent to Cut Tax Map R39, Lot 28 (Silverman), Intent to Cut Tax Map R18, Lot 9 (Osborne), Letter to Budget Committee Re: Budget Submittal Timetable.

NEW BUSINESS
ACTION ITEMS

1. Request for Assessment Review – Tom Hogan

(EV) As you will remember, we took the information from Mr. Hogan and related that we would wait till this meeting to make a decision. I have reviewed the information and though I see your point of view, I can see where the assessors are coming from also. My opinion is that you should go through the Appeals Board and let them decide and give you an unbiased opinion. (GL) I feel the same way. (PR) The assessors are doing what they are supposed to be doing. (FH) We are not certified assessors. (EV) Someone not involved in the Town should review this.

Mr. Hogan: I think the assessors are wrong. I spoke with the Portsmouth assessors and they advised me to go before this Board first. I will go before the Appeals Board and I will set a precedent for everyone in Pittsfield. I will take this all the way to Superior Court if I have to. This is not a threat but I feel strongly they made an error. My case will support everybody’s case and will be in my favor.

Mr. Hogan left meeting at 6:06 P.M.

2. Parade Permit Application – PES

(FH) Motion to approve Parade Permit for Pittsfield Elementary School Halloween Parade. (GL) Second. Carried 4-0.

3. Tax Deeded Property Sale Submittals

(PS) This is to inform the Board that Town did not receive any sealed bids for the two pieces of property as advertised (Dowboro Road and Shingle Mill Brook Road.) I am not sure how you would like to now proceed. We can put this on a future Agenda as to how to dispose of these properties. The Town received no sealed bids. It is noted that the Shingle Mill Brook Road is a buildable lot but not sure about Dowboro Road property as there is a PSNH easement on the property. (PR) suggested re-running the ad noting we are accepting bids but also noting which is buildable. (GL) There are taxes due on both properties. Board agreed they would address at the next Board meeting.

4. Review of 2012 Proposed Budget for Submittal to the Budget Committee.

This will be addressed later in the meeting since it will take quite some time.

5. 2012 Tax Map Maintenance Contract – Cartographic Associates, Inc.

(PS) This contract is identical to the one presented last year.

(FH) Motion to approve 2012 Tax Map Maintenance Contract of Cartographic Associates, Inc. (GL) Second. Carried 4-0.

6. Legal Opinion from LGC Re: Personnel

(PS) Mr. Hast requested this be put on the Agenda. (EV) We have an opinion from Town Counsel and one from LGC which are totally different. We will have this on the Agenda for the next meeting.

7. Updated Warrant Articles Re: Personnel

(PS) This will be addressed during review of the 2012 proposed budget later in the meeting.

8. CNHRPC Request for Letter of Support – Brownfields Application

(FH) Motion to approve request for letter of support to CNHRPC for Brownfields Application. (GL) Second. Carried 4-0.

9. Intent to Cut Tax Map R38(9), Lot 28 – Silverman

(PS) The correct Tax Map is R39, Lot 28.

(PR) Motion to approve Intent to Cut Tax Map R39, Lot 28 – Sidney Silverman. (GL) Second. Carried 4-0.

10. Intent to Cut Tax Map R18, Lot 9 – David & Louise Osborne

(PR) Motion to approve Intent to Cut Tax Map R18, Lot 9 – David & Louise Osborne. (GL) Second. Carried 4-0.

11. Letter to Budget Committee Re: Budget Submittal Timetable.

(EV) Attached is a proposed letter to be sent to Mr. Kidder, Budget Committee. (Letter read into Minutes by Ed Vien – see attached.) Board agreed on approval of letter and that it should be sent.

(GL) Motion to authorize Chair to sign letter to Budget Committee Re: Budget Submittal Timetable. (PR) Second. Carried 4-0.

APPOINTMENTS

1. 6:20 P.M.: Conservation Commission – Land Acquisition

Mark Wallace, Chair, Conservation Commission, noted he was present tonight for two purposes. One was to request a budget of $650. Board agreed they would review.

Mr. Wallace: The Conservation Commission would like to explore the purchase of land on Berry Pond Road (Greeley Property). Mrs. Greeley has six acres that she would like to sell to the Town which is valued at $33,000 but would offer to Town for $30,000. Conservation thinks this is a bargain price and it would preserve the land for the Town. We would like to have Town Counsel draw up an Intent to Purchase Agreement so that we can lock up the offer and then present on Warrant Article. There are two other people who are looking to buy the land. Currently there is $84,000 in the Conservation Fund.

(GL) Is she willing to wait until the Town Meeting? Mr. Wallace: Yes.
(EV) Who will sign the Intent to Purchase Agreement? (PS) I think you should be guided by the Town Attorney. (EV) It should note in Agreement that if it is voted down that there will be no penalty.

(GL) Motion to approve Town Attorney to draw up Sales Agreement for acquisition of Greeley land on Berry Pond Road (Tax Map R31, Lot 9.)
(PR) Second. Carried 4-0.

Mr. Wallace advised Board that there are two alternates and one full member still being sought by Conservation Commission. (PS) to advertise and make arrangements for this to be put on Channel 24 and Website.

Mr. Wallace departed meeting at 6:30 P.M.

2. 6:25 P.M. Parks & Recreation – Budget Review

Nick Abell was present to explain the 2012 Budget including the rationale as to increases.

Line 410: Increased to $400 – Training because of Life Guard training
Line 413: Decreased to $100 – State has now changed the manner in which testing is conducted.
Line 414: Decreased to $300 – FairPoint for $10 a month will keep phone account open and next summer the same phone number will be available. (EV) Is a phone there necessary? Mr. Abell: Employees are not allowed to carry cell phones while working.
Line 415: This is recouped through swimming lessons.
Line 416: Decreased to $250. There were two meters there and one was removed so actual usage is now all on one meter.
Line 417: Water Charges decreased to $200.
Line 418: Trash – Town Contract has been increased. Board questioned why the container couldn’t be picked up in the fall and then dropped off again in the summer. It was noted that would include a drop off fee. (PS) to check.
Line 420: Repairs and Maintenance – Some repairs have to be made to the bridge before the snow comes.
Line 421: Concessions – Town gets back twice the amount actually spent. Board questioned what the Concessions intake actually was. (PS will check with Cara.)
Line 422: Background Checks – This is new on the Budget but required because of the various individuals working with the kids.
Line 423: Basketball Program – the funds from this are put back into the General Fund. He explained how the costs of referees were determined.
Line 424: Ski Program – Mr. Abell noted that because one of the skier’s parents was a Wal-Mart employee, they were able to obtain a grant for part of this. They are looking into doing this again.

Overall, there is an increase in the budget of $1,100.

Mr. Abell left meeting at 6:45 P.M.

3. 6:30 P.M. – Library Board of Trustees – Budget Review

Dana Sansom, Sylvia Wallace, Mary Schelble and Rosa Benoit were present.

Dana Sansom: The only line that has been increased is the salary line which is to increase the number of hours for staffing not wages so public service hours can be increased by remaining open on Saturdays throughout the Summer.

(GL) How many employees to you have? Rosa Benoit: Six including custodian.

Sylvia Wallace also noted they are applying for grant to have the Library windows reworked. (EV) Thank you for all you have done at the Library. They have done a beautiful job.

(FH) Motion to approve grant and authorize Chairman to sign Library grant for windows. (GL) Second. Carried 4-0.

INFORMATION ITEMS

None

OLD BUSINESS

None.

APPLICATIONS AND WARRANTS

None.

CHECKS AND MANIFESTS

(FH) Motion to approve Accounts Payable and Check Register. (GL) Second. Carried 4-0.

(GL) Motion to approve Payroll and Direct Deposit. (PR) Second. Carried 4-0.

MINUTES

1. Public Session Minutes of October 4, 2011

(FH) Motion to approve Public Session Minutes of October 4, 2011 with changes as noted by Maurice Wells. (GL) Second. Carried.

Corrections:

Page No. 8, Second Paragraph should read: Maurice Wells: I talked to the Chief later regarding the light at the intersection of Leavitt Road and Route 28 which was plowed in last winter……

2. Non-Public session Minutes of October 4, 2011

(GL) Motion to approve Non-Public Session Minutes of October 4, 2011.
(PR) Second. Carried 4-0.

PUBLIC INPUT

Maurice Wells: I was at the transfer station on Wednesday and there was a roadside mower there doing the grass. Do the taxpayers pay for that or is it shared by all the Towns? (EV) I do not know who but will check for you. It has not been mowed previously. It might be figured in the service fees. Mr. Wells: Who moved the old dump cap? (EV) I am not sure who.

Carol Richardson: I am concerned regarding the non-public session. The current board goes in non-public session more than past boards. Do you ever unseal those non-public minutes? Board should be more above board about non-public sessions. It is a concern. It was brought up during Candidates Night. The people in Pittsfield need to know what you are doing. (FH) In the past, we have opened up some of the minutes. We used to do them once a year. Ms. Richardson: I know you haven’t done it in quite a long time. The Town Administrator should know this. I believe that it is supposed to be done every six months.

Joan Osborne: It also would be nice to know what you are doing and what you are approving. It would be nice to have a little more information. (Board approves items on the Agenda sometimes without specifying what they are addressing.)

Ted Mitchell: Exactly, the CNHRPC wanted your support. For what? Joan Osborne: It would be nice to know.

Carol Richardson: The School Board does the same thing. There should be a little bit more forthcoming with information. (FH) I will see that it is done.
Ted Mitchell: Unsealing the non-public minutes, will someone do something about unsealing the last five years. (FH) Yes.

Mr. Silva: The Town property on Berry Avenue. I am interested in purchasing it. It used to be mine about fifteen years ago. No one advised me that the structure was being torn down. (EV) We are currently looking at our options and what is best possible option for Town. Mr. Silva: What do I do, just sit and wait? On what? (PS) The Highway Department started grooming the parcel and probably only the garage slab is left. Board will make a decision after that is complete. (PR) The home is down and gone. (PS) The Town has separated the metal and the BCEP has been generous to Town by not charging for the demolition boxes. There is a chassis on the property and determination will have to be made as best means of disposable – either sold to Harding or recycled for scrap.

Mr. Silva: You could have called me and advised me of this. I called you and never got a return call. (PS) The Selectmen has not yet decided what to do with the property. Mr. Silva: When you put a price on it give me a call.

Mr. Silva left meeting at 7:00 P.M.

Maurice Wells: What property is he talking about? Board explained to him that it was property at 20 Berry Avenue.

Carol Richardson: When going into non-public, you are not giving the subject. You just say a, b, c, or d but not what it is for. (EV) read into the Minutes what each letter represents when going into non-public. Ms. Richardson: Why do you go into non-public for real estate? Isn’t that for public to know? (PS) explained that it would disclose pricing and other strategies. Ms. Richardson: I do not agree with that. Ms. Osborne agreed with Ms. Richardson. Ted Mitchell: You should never deal with real estate in public.

Close Public Input

NON-PUBLIC SESSION

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

(EV) reiterated what the various letters represented in RSA.

Board went into Non-Public Session at 7:20 P.M.

Board returned to Public Session at 8:12 P.M.

(GL) Motion to seal Non-Public Session Minutes of October 18, 2011.
(PR) Second. Carried 3-1 (FH).

NEW BUSINESS – ACTION ITEMS CONTINUED

4. Review of 2012 Proposed Budget for Submittal to the Budget Committee

Executive (4130)

(FH) Line 4 and Line 16, What about those? (PS) This is contractual.

(GL) Motion to approve proposed Budget – Executive (Page 1, Lines 1-21) for $125,868. (PR) Second. Carried 4-0.

Elections, Registrations, & Vital Statistics (4140)

(PR) We are losing the Town Clerk, what happens to the Office Assistant?
(PS) Any proposals you would like to make such as making it a part-time position should be done now. (FH) We will be getting a new Town Clerk who will probably need a lot of help. (PR) Is the Office Assistant up to code? (FH) I cannot answer that question.

(PR) Motion to approve Elections, Registrations, & Vital Statistics proposed Budget for $82,233 (Page 2, Lines 22-44). (GL) Second. Carried 4-0.

Financial Administration (4150) & Revaluation of Property (4152)

(PS) Please note when the insurance premiums are set we will need to adjust the totals.

(GL) Motion to approve proposed Budget – Financial Administration (Page 3, Lines 45-74) for $134,608. (PR) Second. Carried 4-0.

(PR) Motion to approve proposed Budget – Revaluation of Property (Page 3, Lines 75, 76, & 77) for $41,900. (GL) Second. Carried 4-0.

Legal Expenses (4153) and Personnel Administration (4155)

(GL) Motion to approve proposed Budget – Legal Services for $23,000. (PR) Second.

After Discussion, Board decided:

(GL) Withdraw Motion for $23,000. (PR) Withdraw Second.

(PR) Motion to approve proposed Budget – Legal Services (Page 4, Line 78) for $20,000. (FH) Second. Carried 4-0.

(PR) Motion to approve proposed Budget – Personnel Administration (Page 4, Lines 79 – 85) for $2,360. (GL) Second. Carried 4-0.

Planning and Zoning (4191)

(PR) Motion to approve proposed Budget – Planning and Zoning (Page 5, Lines 86 – 94) for $5,615. (GL) Second. Carried 4-0.

General Government Buildings (4194)

(PR) Motion to approve proposed Budget – General Government Buildings (Page 6, Lines 95 – 121) for $69,767. (FH) Second. Carried 4-0.

Cemeteries (4195)

(PR) Motion to approve proposed Budget – Cemeteries (Page 7, Line 122) for $300. (FH) Second. Carried 4-0.

Insurance, (4196) Advertising & Regional Associations (4197)

(PR) Motion to approve proposed Budget – Insurance (Page 8, Line 123) for $53,000 and Lines 124 & 125) for $7,237. (GL) Second. Carried 4-0.

Police (4210)

Board discussed Line 128, Secretary and alternatives that could occur if position deleted. (PS) noted, “You have to understand what you are saying. To calculate deletion of this component at the Town Meeting could be messy and because concern is personnel, it is unknown how or if majority wants to lessen burden. (FH) Because the Budget Committee should tell us where they would like to cut. You can take action tonight and it can be revisited later.

Break 8:55 P.M. Resume 8:59 P.M.

(PR) Motion to approve Line 170 – Wage (Page 9) for $12,480. (GL) second. Carried 3-1 (FH).

(GL) Motion to approve Line 175 – Health Insurance (Page 9) for $105,951.
(PR) Second. Carried 3-1 (FH).

(GL) Motion to approve Line 176 – Life Insurance (Page 10) for $171.
(PR) Second. Carried 3-1 (FH).

(GL) Motion to approve Line 178 – Medicare (Page 10) for $5,603.
(PR) Second. Carried 3-1 (FH).

(GL) Motion to approve Line 179 – Retirement (Page 10) for $71,707.
(PR) Second. Carried 3-1 (FH).

(PR) Regarding Line 128 (Secretary), we could include it as part of the Administrative Assistant position. (PS) noted that this will result in changes at the PD regarding times open because of involvement in the dictation

(GL) Motion to eliminate Line 128 – Secretary $3,150. (PR) Second.
Vote: 2-2 (EV) & (FH). Motion dies because of lack of majority.

Proposed Warrant Article 14:

To see if the Town will vote to raise and appropriate the sum of Forty Seven Thousand To Hundred Sixty Seven Dollars ($47,267) which represents 36 weeks of salary and related benefits to continue the employment of a Police Officer.

(GL) Motion to approve and recommend Warrant Article 14 (See Above) for $47,267 conditioned upon Selectman Morin revisiting the recommendation, if requested. (PR) Second. Carried 4-0.

RECOMMENDED BY THE BOARD OF SELECTMAN 4-0.

Ambulance (4215)

(GL) Motion to approve Line 198 – Wage EMT Basic (Page 11) for $9,063.
(PR) Second. Carried 3-1 (FH).

(PR) Motion to approve Line 201 – Health Insurance (Page 11) for $62,380.
(GL) Second. Carried 3-1 (FH).

(GL) Motion to approve Line 202 – Life Insurance (Page 11) for $144.
(PR) Second. Carried 3-1 (FH)

(PR) Motion to approve Line 203 – FICA (Page 11) for $17,183.
(GL) Second. Carried 3-1 (FH).

(PR) Motion to approve Line 204 – Medicare (Page 11) for $4,020.
(GL) Second. Carried 3-1 (FH).

(PR) Motion to approve Line 205 – Retirement (Page 11) for $21,009.
(GL) Second. Carried 3-1 (FH).

Proposed Warrant Article 15:

To see if the Town will vote to raise and appropriate the sum of Thirty Two Thousand Nine Hundred Fifty Nine Dollars (32,959) which represents 36 weeks of salary and related benefits, to continue the employment of an Emergency Medical Technician in the Ambulance Department.

(PR) Motion to approve and recommend Proposed Warrant Article 15 (See Above) for $32,959 conditioned upon Selectman Morin revisiting the recommendation, if requested. (GL) Second. Carried 4-0.

RECOMMENDED BY THE BOARD OF SELECTMEN 4-0.

Ambulance and Fire Shared (4219)

(PR) Motion to approve Line 217 – Secretary (Page 12) for $10,000.
(GL) Second. Carried 4-0.

(PR) Motion to approve Line 218 – FICA (Page 12) for $621.
(GL) Second. Carried 4-0.

(PR) Motion to approve Line 219 – Medicare (Page 12) for $145.
(GL) Second. Carried 4-0.

(PR) Motion to approve Line 223 – Electronic Communications (Page 12) for $2,500. (GL) Second. Carried 4-0.

(PR) Motion to approve proposed Budget – Ambulance & Fire Shared (Page 12, Lines 217 – 237) for $70, 201. (GL) Second. Carried 4-0.

Fire Department (4220)

(PR) Motion to approve Line 256 – New Equipment (Page 13) for $1,000.
(GL) Second. Carried 3-1 (EV)

(PR) Motion to approve proposed Budget for Fire Department (Page 13) for $118,343. (GL) Second. Carried 4-0.

(PR) Motion to approve proposed Budget for Ambulance and Fire (Page 13) for $607,425. (GL) Second. Carried 4-0.

Building Inspection (4240) & Housing Standards (4241)

(PR) Motion to approve proposed Budget – Building Inspection (Page 14, Lines 275 – 290) for $31,575. (GL) Second. Carried 4-0.

(PR) Motion to approve proposed Budget – Housing Standards (Page 14, Lines 291 – 297) for $10, 753. (GL) Second. Carried 4-0.

(PR) Motion to approve proposed Budget – Building Inspection and Housing Standards for $42,328. (GL) Second. Carried 4-0.

Emergency Management & Forest Fire Suppression (4290)

(PR) Motion to not approve Line 299 – Code Red Notification System (Page 15) for $5,010. (GL) Second. Carried 4-0.

(PR) Motion to approve Emergency Management Budget for $500.
(GL) Second. Carried 4-0.

(PR) Motion to approve proposed Budget – Forest Fire Suppression (Page 15, Lines 301 – 304) for $1,347. (GL) Second. Carried 4-0.

(PR) Motion to approve Budget for Emergency Management & Forest Fire Suppress for $1,847. (GL) Second. Carried 4-0.

Highway Administration (4311)

(EV) Motion to approve Line 316 – Uniforms (Page 16) for $3,500.
(PR) Second. Carried 3-1 (FH).

(PR) Motion to approve Line 323 – Building Repairs and Maintenance (Page 16) for $500. (GL) Second. Carried 4-0.

(PR) Motion to approve proposed Budget Highway Administration for $112,981. (GL) Second. Carried 4-0.

Highways and Streets (4312)

(PR) Motion to approve Line 329 – Heavy Equipment Operator (Page 17) for $11,648. (GL) Second. Carried 3-1 (FH).

(PR) Motion to approve Line 335 – Health Insurance (Page 17) for $54,667.
(GL) Second. Carried 3-1 (FH).

(PR) Motion to approve Line 336 – Life Insurance (Page 17) for $90.
(GL) Second. Carried 3-1 (FH).

(PR) Motion to approve Line 337 – FICA (Page 17) for $9,056.
(GL) Second. Carried 3-1 (FH).

(PR) Motion to approve Line 338 – Medicare (Page 17) for $2,118.
(GL) Second. Carried 3-1 (FH).

(PR) Motion to approve Line 339 – Retirement (Page 17) for $12,855.
(GL) Second. Carried 3-1 (FH).

Proposed Warrant Article 16:

To see if the Town will vote to raise and appropriate the sum of Forty Two Thousand Nine Hundred Fifty Three Dollars ($42,953) which represents 36 weeks of salary and related benefits to continue the employment of an employee if the Highway Department.

(PR) Motion to approve Proposed Warrant Article 16 (See Above) conditioned on Selectman Morin revisiting the recommendation, if requested. (GL) Second. Carried 4-0.

RECOMMENDED BY THE BOARD OF SELECTMEN 4-0.

(PR) Motion to approve Line 344 – Line Striping (Page 17) for $10,000.
(GL) Second. Carried 3-1 (FH).

(PR) Motion to approve Line 375 – Care of Trees (Page 18) for $1,500.
(FH) Second. Carried 4-0.

(PR) Motion to approve proposed Budget – Highways & Streets (Page 18) for $630,785. (GL) Second. Carried 3-1 (FH).

(PR) Motion to approve proposed Budget – Street Lighting (Page 18) for $19,060. (GL) Second. Carried 4-0.

(PR) Motion to approve proposed Budget – Highway Department (Page 18) for $762,826. (GL) Second. Carried 4-0.

ADJOURNMENT

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

Meeting adjourned at 10:30 P.M.

Approved: October 25, 2011

________________________________ _______________________
Edward Vien, Chairman Date

I hereby certify that these Minutes were recorded by me on October 18, 2011, transcribed and publicly posted on October 20, 2011.

/s/ DELORES A. FRITZ
Delores A. Fritz, Recording Secretary

III Tapes
Attachment (3)