September 20, 2011 Minutes

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

MEETING MINUTES OF TUESDAY, SEPTEMBER 20, 2011

CALL TO ORDER

Call to order at 6:00 P.M.,

MEMBERS PRESENT

Ed Vien (EV), Chairman, Denise Morin (DM), Vice-Chairman, Fred Hast (FH), Paul Rogers (PR), Gerard LeDuc (GL), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

Dan Schroth: I have a couple of things I want to address. The Budget Committee is meeting tomorrow and I will bring this up then. Everyone is coming up with ideas on how to work on the tax rate. Property values have dropped by one third and we have to fix our valuations no matter what. We have to continually work to decrease taxes.

We should abolish the Ethics Committee; it is a lot of wasted energy. Fire permits are a total waste of energy. It is government wasting resources. We have to change the way we do things. Current Use – we need to get rid of this. The world is teetering and we need to put this back in as general land to help the tax base. The eighth ice age is on its way; what are we saving the land for? Department Heads need to come in with 10% reduction in their budgets. We can start at 10%.

Merrill Vaughan: (A printed presentation was read into the Minutes by Mr. Vaughan – see attached.) The Ethics Committee is an entity unto itself and the Board of Selectmen feel they are above all others.

AGENDA REVIEW

(DM) Welfare Appeals Committee; (PS) Appointments to BCEP, Non-Public
Re: Personnel, Old Highway Department equipment items for disposal.

APPOINTMENTS

1. 6:05 P.M.: General Discussion with Town Attorney

Walter Mitchell, Town Attorney was present. (EV) Mr. Mitchell is here tonight to offer information as to what services they provide to this community. (GL) I basically was the one who requested you be invited as I have never met you and wanted a general overview of what you provide.

Atty. Mitchell: We do represent Towns (about 50-60 towns) and have no private clients. What we do for Pittsfield and others varies from town-to-town depending on their needs. We have no official role and serve the town when called upon to do so. For some towns we do attend their annual town meetings due to the preference of the governing body. We are involved in land use issues, tax abatement claims and employment issues. We are a general law firm for municipalities.

In the past, we used to attend Board meetings quarterly, which for some reason we ceased doing, but if the Board would like us to we can start again. These attendances are free.

(EV) Does each partner specialize or do you work as a team? Atty. Mitchell related that because of various experiences and to provide availability, we work as a team. (PS) noted that the staff at their office are timely and sensitive to the certain questions asked understanding very well the municipal aspects.

Atty. Mitchell left meeting at 6:19 P.M.

2. 6:20 P.M.: Chief Wharem – Use of Gravel Pit for Firearm Discharge/Proposal Presentation

Chief Wharem: A lot of the towns that I have requested information from have not gotten back to me and I am still in the process of developing a use program depicting who can/cannot utilize the area. What is the Board looking to do? Do you want to allow hunting? The Town of Bradford has posted their policy in regard to shooting. (GL) Post it as NO TRESPASSING. How many towns are using it? Chief Wharem: Three towns equal to about 25 people. We had discussed having joint training sessions and thus have less hours of use with less impact on the neighbors. Other agencies will not be using the pit and we may have occasional random qualifiers. Chief Wharem explained some improvements that could be made including the backstop, installation of buffers, and sand replacement. (FH) NO TRESPASSING would be hard to enforce. Chief Wharem: We do not patrol regularly down there so it would be when notified that we would be down there. What about target shooting – the Board previously did not like that. Board agreed that unauthorized personnel would not be allowed to utilize the pit. Chief Wharem: I would like to talk to the neighbors to determine what they would like us to do. We would like to appease as many as we can.

Board and Chief Wharem discussed various means and supplies for updating the pit.

(EV) I would like to see us keep moving forward on this and give Chief some direction. What towns would be using it? Chief Wharem: Possibly Gilmanton, Northwood, Chichester and Pittsfield.

Board agreed that only the listed towns would be allowed use, check into backstop ideas, and no unauthorized use except by authority of Board of Selectmen. (FH) Will the other three towns be sharing these costs? Chief Wharem: I would
like to see first it the funds can be donated. It would be difficult to enforce
NO HUNTING. The area would have to be posted every fifty feet and that could be expensive. Also, what about Town employees use? Board agreed that this should not happen. Chief Wharem: There also should be riders on this agreement that Pittsfield is not responsible for mishaps that occur concerning other towns.

Hazardous Mat Program: Chief Wharem related that he had some paperwork that needed to be approved by Board – signatures in support of the program. Chief Wharem left meeting, secured paperwork and returned to acquire their signatures.

NEW BUSINESS
ACTION ITEMS

1. Transfer from General Fund to Emergency Contingency Expendable Fund

(FH) Motion to transfer $2,420.30 from General Fund to Emergency Contingency Expendable Fund. (GL) Second. Carried 4-1 (DM).

2. Various Transfers RE: Planning Board Escrow Accounts

(FH) Motion to approve transfer $50 from Escrow to General Fund for refund for Linda Martin. (GL) Second. Carried 5-0.

Gerard LeDuc (GL) recused himself.

(FH) Motion to approve transfer $100 from Escrow to General Fund for refund for Lawrence Konopka. (PR) Second. Carried 4-0.

Gerard LeDuc returned to Board.

(FH) Motion to approve transfer of $250 from Escrow to General Fund for refund for Donald S. Sheldon. (GL) Second. Carried 5-0.

(FH) Motion to approve transfer of $73 from Escrow to General Fund for refund for Meriden Point LLC. (DM) Second. Carried 5-0.

3. Cable Consortium Agreements Previously Approved by Selectmen

(GL) Motion to approve authorizing Chair to sign Special Counsel Representation Agreement Lakes Region Cable Television Consortium. (DM) Second. Carried 5-0.

(FH) Motion to approve authorizing Chair to sign Inter-Municipal Agreement for Membership in a Consortium of Municipalities in the Lakes Region of New Hampshire for a Cable Television Franchise with Metrocast. (DM) Second. Carried 5-0.

4. Proposal for the Municipalization of Pittsfield Aqueduct Company

(PS) This is the proposal as discussed with George Sansoucy delineating the responsibilities, timetable and cost. (FH) At one time we had $50,000 for this purpose and previous Boards have used it for other purposes. There is only a small amount left; where are we going to get the funds for this? I talked to Cara about this and she advised me there were no funds to be found unless we use the $30,000 designated for the police cruiser. (PR) began speaking….. (FH) Point of Order: Speak Up! (PR) Just for information purposes where are we going to get the rest of the money? At the Town Meeting we would have to get approval for $500,000 bond. Unfortunately, we cannot pull up $30,000 when we are already running on tight numbers. (FH) This project is being pushed further and further back. Look at the water rates. (GL) I would like to see us own it but the question is where are we going to get $30,000?

(PS) This matter seems to be a subject that has been discussed for an extended period of time. Previously, the community was in favor of this but we are unsure if the sentiment still exists. The alternative would be to have it on a Town Warrant to get a feel from the people at that time. (GL) If a private company gets a hold of it, the prices will be raised again. The Town cannot absorb it. (DM) Put it on a Town Warrant; I would like to see what the people would have us do.

(PS) You can ask for $30,000 for this proposal and the $500,000 (legal, engineering and administration fees) also at the same time from the people.
(FH) The people are not familiar with what we would like to do. We need to educate the people. (EV) I have watched the rates go up and up. I am thinking that the taxpayers may not be having the same thoughts as years ago. Do we want to find money for this this or have it on a Town Warrant? (PR) Let the taxpayers make the decision.

(PR) Motion to put this proposal on Town Warrant and allow taxpayers to make decision. (DM) Second. Vote 2-2 (GL) & (FH). After discussion (EV) voted to agree to Motion. Motion carried 3-2.

Discussion: (FH) We have increasing water rates year after year. Right now is the time to purchase. Nashua would probably be willing to agree if they got a lump sum. After all members but (EV) voted, (EV) I have voted to put on Town Warrant because I am unsure if a twelve year old vote would still be the same.

5. Town Attorney Opinion – Ownership/Maintenance of Cemeteries

(PS) Within your packet of information, is the Town Attorney opinion with regard to ownership/maintenance of cemeteries. This issue was generated by request of the DRA for compilation of locations of cemeteries on parcels of property. This evolved into a meeting with Cara, Laura Spector and myself. The RSA requires that there be one or more suitable Town owned cemetery. (See attached.)

At the 2012 Town Meeting it should be decided if the trustees will be elected or delegate the functions of the trustees to the Board of Selectmen; Town to come up with a piece of property designated for this purpose either buy a piece of property or decide on one that the Town already owns. First a Board of Cemetery Trustees is necessary. (DM) Does the RSA indicate a number of acres required? (PS) No. Ted Mitchell: Planning Board would not have jurisdiction if it is not defined in the Zoning Ordinances. (PR) Couldn’t we take part of the pit as a cemetery?
(PS) The Town has to own the land and no particular size is required.
(GL) suggested bringing in the Trustees of Floral Park to discuss with them. (PS) to do. This will be added to Old Business for future discussion.

6. Board of Selectman Appointments to CNHRPC – Ted Mitchell

(PS) An E-Mail has been received from Ted Mitchell who is willing to have Board appoint him to the CNHRPC Board and STIP.

(DM) Motion to approve appointment of Ted Mitchell as town representative to STIP and CNHRPC. (PR) Second. Carried 5-0.

7. Town Attorney Recommendation Language Modification for Ethics Ordinance

(PS) I have had a discussion with Dan Schroth regarding his petition to eliminate the Ethics Committee. I sent his questions to the Town Attorney and what was received was a draft of what the Town Attorney would recommend IF, in fact, the Board of Selectmen wished to maintain the Ethics Ordinances but change the body responsible for implementation of the Ordinances. It puts Board of Selectmen in place of the Ethics Committee. (PR) This would have to go to Town Meeting? (PS) Yes, or to eliminate entire ordinance.

Merrill Vaughan: Point of Order: The Vice Chairman should recuse herself because of her recent involvement with the Ethics Committee. (DM) I am not going to recuse myself. (PS) This can be added to Old Business or Board can leave to discretion of Dan Schroth. (GL) It sounds like a hostile takeover if we do this.

(PS) This is not on the Agenda at the request of the Board of Selectmen but is merely before you because of the suggestions of the Town Attorney. (DM) No one on this Board requested that this be done; it was done by the Town Attorney. (EV) We will add it to Old Business. (PS) We do not need to do this. I will give this information to the person who originally made the inquiry and he can decide.
Board agreed.

8. Discussion of the Budget Review Schedule

(PS) Cara has completed the Budget books and there will be some additional updated information added within the next few weeks. I would like to do the schedule for review of the budget and which Department Heads you would like scheduled. (EV) suggested to deal with those departments first that do not require as much discussion as the major ones as we did last year. (GL) Can you get us last year’s schedule? (PS) agreed that he would attempt to retrieve this schedule. Does the Board wish to meet at 5:00 P.M. and work on the budget first and then do regular Agenda? (FH) I recommend we meet every Tuesday to get this budget done.

Board decided they would meet on Tuesday, September 27th at 6:00 P.M. solely for review of the budget. (PS) to post.

9. Board of Selectmen Representative to the Planning Board

(PS) I have been asked by Fred Hast to schedule this on the Agenda. (FH) I would like to step down from being the Selectman Ex Officio to the Planning Board. Gerard has agreed that he would be willing to be on the Planning Board and I would be the alternate. (GL) It would be alright to move me up to the Planning Board rather than being the Alternate.

(DM) Motion to approve removing Fred Hast as the Selectmen Ex Officio to the Planning Board and approve him as Alternate Selectmen Ex Officio to the Planning Board. (PR) Second. Carried 4-0. (FH) Abstain. After the motion to appoint Gerard LeDuc to Planning Board, (FH) requested he change his vote to approval. Therefore, Motion Carried 5-0.

(DM) Motion to approve Gerard LeDuc as Selectmen Ex Officio to the Planning Board. (PR) Second. Carried 4-0. (GL) Abstain.

10. Appointments to the BCEP

(PS) The Selectmen Representative is Ed Vien, Carol Allhiser is the Budget Committee Representative and Mark Riel is the Citizen Representative. These have previously been approved by Board and require Board signatures. (Board signed appointments.)

11. Old Highway Department Equipment

(PS) George Bachelder has requested Board approval to bring several old unused items to State Auction. One item is six used grader tires which do not fit new grader. Also, a spare bucket from old Case backhoe, the previous unregistered Fire Chief’s vehicle and the Gravely Tractor. It has been suggested that the car and the tractor be sold for metal parts. (FH) Doesn’t the Fire Department have some equipment also such as the pump from the old forestry truck? (PS) to check.

(FH) Motion to approve disposing of equipment as noted. (GL) Second. Carried 5-0.

INFORMATION ITEMS

None.

OLD BUSINESS

None.

APPLICATIONS AND WARRANTS

None.

CHECKS AND MANIFESTS

(DM) Motion to approve Accounts Payable and Check Register. (GL) Second. Carried 5-0.

(GL) Motion to approve Payroll and Direct Deposit. (FH) Second. Carried 3-0. (PR) and (DM) Abstain.

MINUTES

1. Public Session Minutes of September 6, 2011.

(FH) Motion to approve Public Session Minutes of September 6, 2011.
(GL) Second. After Discussion of Corrections: Carried 4-0. (DM) Abstain.

CORRECTIONS:

Page 6, Paragraph 1, Line 6 should read: “cheaper than buying a new cruiser.”

Page 6, Paragraph 6: (FH) noted it should all come out of Health Insurance fund.

Page 10, Paragraph 4, Line 7 should read: …..put in what he said “though there is no truth to what Mr. Theodore said.”

1. Public Session Minutes of September 14, 2011

(DM) Motion to approve Public Session Minutes of September 14, 2011.
(GL) Second. Carried 4-0. (PR) Abstain.

2. Non-Public Session Minutes of September 6, 2011

(FH) Motion to approve Non-Public Session Minutes of September 6, 2011.
(GL) Second. Carried 4-0. (DM) Abstain.

OTHER

1. Complaint – Cross Country Assessing Company

(PS) An anonymous complaint was submitted about Cross Country which was sent to Cross Country. Mr. Earls responded, “Yes, a lot of the Towns are getting same complaint.”

2. Welfare Hearing Appeal Committee

(DM) Have the members had an opportunity to meet. (PS) I have not scheduled this. (PS) to do as soon as possible.

PUBLIC INPUT

Maurice Wells: When you do the sand at firing range, are you going to use Highway Department winter sand? (EV) No.

Mr. Wells: About three meetings ago you noted the sale of 25 River Street with a $4,363 profit. (PS) Maurice, I gave you the spreadsheet defining the costs and the net profit. Mr. Wells: The sewer department never got any of the money. (PS) The funds were transferred to the sewer fund. Mr. Wells: The Town report does not show anything for profit in 2010. It should show it in the Town Report. (PS) That is not the way the information is presented. Cara Marston has said that the money has been transferred to the sewer fine. Are you saying that she is not being truthful? Mr. Wells: You called me untruthful before. I am not calling Cara Marston a liar, but it does not show it in the Town Report.

Mr. Wells: The Chair said you were going to look into the situation with Harry Voltz and Emerson. Is the Town going to do anything for these people? (EV) No, we looked into it and it goes quite a ways back. Mr. Wells: I asked Town to pick up the expenses of Ms. Cheney. (EV) This goes back a ways. Mr. Wells: The sewer user abatements, can I have the names of those with abatements? (PS) to do.

Jim Theodore: I wanted to say that the Board is doing a good job and I like the outcome. I would like to ask Fred Hast about his comments that I was untruthful; what did you mean by this? (EV) What would Board like to do – stop it? Board agreed. Things have quieted down and we should leave it at that. The Board does not want to go any further on this.

Paul Richardson: At the appointment with Chief Wharem, you talked about the shooting range, I wonder whether the insurance carrier is aware that we have a shooting range at the pit and is the Town covered with a blanket policy. If there was an accident there, it would come at a high cost. (PS) to check.

Dan Schroth: Thanks for not “throwing me out.” If we keep listening to the Government, the Town can go broke. You have to ask why there is a law rather than just accept it. What is their reasoning? Be careful with this.

Close Public Input

NON-PUBLIC SESSION

(PR) 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 8:12 P.M.

During the Non-Public Session Selectman Fred Hast recused himself and ultimately left meeting since no other Board business was to be conducted.

Board returned to Public Session at 8:30 P.M.

(DM) Motion to seal Non-Public Session of September 20, 2011. (GL) Second. Carried 4-0.

ADJOURNMENT

(DM) Motion to adjourn. (PR) Second. Carried 4-0. Meeting adjourned at
8:35 P.M.

Approved: September 27, 2011

__________________________ ____________________
Edward Vien, Chairman Date

I hereby certify that these Minutes were recorded by me on September 20, 2011, transcribed and public posted on September 26, 2011.

_______________________________________
Delores A. Fritz, Recording Secretary

II Tapes
Attachments (3)