September 6, 2011 Minutes

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

MEETING MINUTES OF TUESDAY, SEPTEMBER 6, 2011

CALL TO ORDER

Call to order at 5:00 P.M.,

MEMBERS PRESENT

Ed Vien (EV), Chairman, Fred Hast (FH), Paul Rogers (PR), (Arrival at 5:05 P.M.) Gerard LeDuc (GL), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

Denise Morin (DM), Vice-Chairman. (EV) noted that Denise Morin had advised that she probably would not be in attendance tonight. (PS) noted that Paul Rogers had called and advised that he would be a few minutes late.

PUBLIC INPUT

None. At this time, there was no one present in the audience.

AGENDA REVIEW

(EV) Appointment 6:45 P.M. – Clayton Wood, Resignation Nancy Christie, Conservation Commission, Application for Intent to Cut; (FH) Possible addition, will advise later in the evening.

APPOINTMENTS

1. 5:00 P.M. Non-Public Session – Employment Interviews

(GL) Motion to go into Non-Public Session per RSA 91-A:3 II (b). (FH) Second. Carried 3-0. 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 6:32 P.M.

(GL) Motion to seal Non-Public Session Minutes of September 6, 2011.
(PR) Second. Carried 4-0.

PUBLIC INPUT

Ted Mitchell: I am concerned about Food Pantry security. When Welfare Department is open, people have direct access to the Food Pantry. When the Town Hall is open, they can access the Food Pantry through the lobby door and enter that way. There is a deadbolt on the door at the bottom of the stairs and I recently found the key. There should be some kind of door denying access to the Food Pantry through Welfare Department perhaps an accordion door. I think it should be a secured area.

Also, the wiring downstairs is atrocious. Has anyone been hired in the past to check the wiring and note what is “overloaded.” This should be done. There should be a separate power panel for the basement.

There is stored in the basement the divider that was in the Men’s Room upstairs and we should sell it or get rid of it if we are not going to use it. There is also a two-piece conference desk, without legs, that is about twelve feet long. What good is it and we should get rid of it.

Lastly there are some representative positions that I would like to volunteer for – STIPS and also another one with the NHRPC. (EV) advised to please provide this in writing; Mr. Mitchell noted that he would do that.

Maurice Wells: At the last Board meeting on Page 2, Public Input, there never was a Sewer Commission, it was a committee. Also it was Scott Aubertin not Scott Ward and I did not mention “hot top,” I do not know where that came from. (Corrections are noted and will be accomplished accordingly.)

Dan Schroth: The last time I was here I jumped on Fred Hast and I would like to apologize to him now for that.

Tom Hitchcock and I came in around 2000 with an article about the potential economy crash. The Federal Government and the postal workers is an example as the government has run out of money and for that reason they cut the budget by 10%. He mentioned that people are getting “scr—– with the assessments. People are selling their houses for less than the assessments and still have to pay taxes on it. So many homes are under-valued. “There is an assessment coming up.”

I have read about other Towns and we have got to lower our tax rate. Our tax rate in the future is going to be $40 and that is going to “eat us alive.”

I would start by getting rid of the Ethics Committee. We need to make changes now.

Tom Hitchcock: I have lived in Town about 9-10 years. Pittsfield is a blank canvas and we are cutting our own throats. We need to bring people into Town. I do not know how but we have to focus on what brings people to Town. True, it has handicaps and the taxes are high. The property values have dropped and we raised the tax rate. People are not going to stand for that. If the assessment goes down then the taxes should go down. I do not have the answer, but we need to focus on some of these things. We have lost ground in the past two years. The Town is designed well and we have a lot of assets but we need to focus on promoting the Town.

I believe that the major cities in the country such as New York City are going to collapse. The people with money are going to want to get out. I would be glad to talk to anyone about this to see what we can do. Pittsfield could have a bright future. I believe the surge is coming and the money is coming this way.

Paul Richardson: Concerning the Shooting Range, I talked to a neighbor who is a retired State Trooper. We have to be careful saying they can use the gravel pit. It only takes one shot to go astray and then we have a problem.

Public Input closed at 6:46 P.M.

APPOINTMENTS – Continued

2. 6:30 P.M. – Merrill Vaughan – Ethics Committee

Merrill Vaughan: He read into the Minutes a prepared dissertation regarding the Board Chairman’s lack of control in reference to Jim Theodore public input at the last Board meeting noting that he made false statements. (See attached.)

(EV) noted that now you are “slandering me.” There is a fine line that exists regarding this.

Mr. Vaughan: He requested to be able to complete his dissertation and at the end requested that Mr. Theodore’s comments be deleted from the public record. He noted that several members of the Board at the time had requested that Chairman ask Mr. Theodore to “step down” but (EV) would not.

Chief Wharem: Point of Order: Isn’t this doing exactly what was done at the other meeting? Mr. Vaughan noted that he would withdraw some of his comments.

(FH) The Chairman was asked by me to “slow it down” when Mr. Theodore was knocking several individuals. He noted that I was a relative of Hank Fitzgerald, which I am not. At another meeting, the man said five words and you (EV) almost went right over the table. (EV) As a public officer, you are considered as a “crook” to start with. In the future, if anyone would like to stop public input, they can note Point of Order and it will be done.

3. 6:35 P.M.: Chief Wharem – Use of Gravel Pit; Firearms Discharge

(EV) At the last meeting of the Board, we went over to do a site walk that was held at the pit and heard some of the concerns of the abutters. We made no decision and have requested your input. What should be allowed at the pit? What is your proposal?

Chief Wharem: I have no proposal at this time. I have been contacted by a lot of agencies for use of the pit and it should be reduced. Looking at how to enhance safety, basically now there are three departments that use it on a consistent basis (Pittsfield, Northwood and Chichester) and should be allowed to continue to use it. Twelve full days of use per year and possibly some use for night qualifying also could be an option. We can notify residents via E-Mail when we are doing this such as for new officers. I believe we can make it into a safe area. Ricochets are not an issue as they would not reach the residential area. There is a 22 ft. berm which is reasonable. No target practice would be allowed without authority of this Board. Some people wanted no shooting, target practice or hunting in the area. Whatever the Board does should be followed up with a written policy. He also recommended a sign noting something to the effect of no unauthorized shooting. I would work with George to get it posted to safeguard people.

(GL) Numerous hunters use the hill. Chief Wharem: I was told no one hunts down there. Individuals have set up tree stands on their own property that are closer to their homes than the area of the pit. (PR) Do you think twelve full days will be enough? Chief Wharem: We can try it for a year. (PR) I would not like to cut you short on this. Chief Wharem noted that the site has in the past been used for the Hunters Program which was a well-attended program but has not occurred in a few years. He related that he is currently working on the budget and could put a policy in writing for Board’s review at his earliest convenience. (GL) I would not like to have you cut yourself short for training. Chief Wharem: We can work with the neighbors and come up with a happy medium.

4. Clayton Wood – Lakes Region Cable Television Consortium

Clayton Wood: I had an appointment before the Board on August 2nd at which time I mentioned joining the Lakes Region Cable Television Consortium (LRCTC) and they have now voted that the deadline date for joining is September 29th. The Pittsfield Cable Advisory Board met and it was unanimously recommended that Pittsfield join the Consortium. This would provide legal advice and review on the Cable Franchise Agreement at a fraction of the cost ($900). I am unsure what the Town Attorney’s expertise would be in reference to cable contract law. Ten towns have now joined the Consortium and potentially two additional will also.

If approval for joining is granted, the CAB would like to recommend that I be appointed as the Town Representative and Albert Douglas as the Alternate.

(EV) Looking at the old contract versus the new contract, do we need this legal advice? Mr. Wood noted that he had not seen the new contract. (FH) noted that he agreed with Clayton that this is a small fee to pay for these services.

(GL) Motion to approve Town joining the Lakes Region Cable Television Consortium at a cost of $900. (FH) Second. Carried 3-1 (EV).

(FH) Motion to approve Clayton Wood as Representative for the Consortium and Albert Douglas as the Alternate Representative. (GL) Second. Carried 4-0.

Clayton Wood noted that he would provide Town with amended contracts for their signatures.

NEW BUSINESS
ACTION ITEMS

8. Police Chief Funding Request Re: Transmission Replacement

Chief Wharem: Grappone Ford replaced the transmission in one of our cruisers. We had requested an estimate but in order to offer an estimate the transmission had to be disassembled to determine the repair and the costs were ultimately close in amounts to just having it repaired instead. These costs were taken out of the operating budget and I would like to request it be taken out of Emergency Contingency Fund and refunded back to the operating budget. We still have to buy winter tires. (PS) It was determined that $15,000 exists in this fund. It was created at Town Meeting for any emergency expenses. (GL) Transmission falls under this. (FH) How many miles on the car? Chief Wharem: About 85,000 miles. The new transmission has an unlimited mileage guarantee. (FH) It would be cheaper than buying a new cruiser. I would like to see anything left in the budget at the end of the year revert back to this fund.

(GL) Motion to approve transfer of $2,500 from the Emergency Contingency Fund to the Police Department operating fund to cover transmission replacement. (FH) Second. Carried 4-0.

(FH) Motion to approve any available funds from the Police Department operating budget up to $2,500 revert back to the Emergency Contingency Fund at the end of the year. (GL) Second. Carried 4-0.

1. Transfer from Highway Department Paving and Reconstruction to Ambulance Health Insurance

(PS) This was tabled from the last Board meeting and I have resurrected the Memo for your review.

(PR) Motion to transfer $10,000 from the Highway Department Paving and Reconstruction fund to Ambulance Health Insurance. (GL) Second.
Carried 3-1 (FH).

(FH) Motion to approve any available funds up to $10,000 from the Ambulance Insurance Fund is returned to the General Fund at the end of the year.
(GL) Second. Carried 4-0.

2. Town Attorney Expenditures (Requested by Gerard LeDuc).

(GL) I was concerned about how much Town is spending for the Town Attorney. I wanted to bring it before the Board for discussion as to how the Town Attorney works. Last year we spent $18,505 and this year about $7,734, though we are not doing as badly as I thought we were. I would like to question what we are getting for our money. (PS) I would be happy to answer but I would recommend having the firm representative come to meet and talk to the Board as to what they provide. (PR) As long as they do not charge us for it. (PS) I will ask them that also and schedule accordingly.

3. Selectmen to Approve Treasurer’s Appointment of Deputy Treasurer

(PS) Attached to your Agenda is an unsigned letter of appointment by Cindy Houle appointing Roberta J. Maxfield as Deputy Town Treasurer.

(FH) Motion to approve appointment of Roberta J. Maxfield as Deputy Town Treasurer. (PR) Second. Carried 4-0.

4. Selectmen Approval of Information Packet for RSA 79-E Tax Relief
for Renovations

(PS) At a Town Meeting several years ago, RSA 79-E was adopted which provides temporary TAX RELIEF for property owners for up to five years. Last fall the State changed the qualifications for this tax relief. The decision still lies with the Board of Selectmen. To date, no one has applied for the tax relief.
(FH) What percentage are we giving? (PS) About 15%.

(FH) Motion to approve Information Packet for RSA 79-E Tax Relief for Renovations. (GL) Second. Carried 4-0.

BREAK: 7:48 P.M. RESUME: 7:52 P.M.

5. Selectmen Approval of Bid Specifications for Tax Deeded Property

(PS) There are two drafts in your packet of information which are required for bids for the two parcels of land which are tax-deeded properties. These were sent to the Town Attorney which resulted in some minor changes. Board can approve and direct me to place bids in paper, Website and notify the abutters. The minimum bid requested is over the value of the taxes to cover legal and advertising expenses. (PR) How big are the properties and are they buildable? (PS) Later there will be another packet of information pertaining to properties with buildings. We have met with the Town Attorney and also discussed the process of eviction on tax-deeded properties. It was noted that one of the properties was 1.1 acres and the other 3.5 acres.

(GL) Motion to approve written bids for Tax Map R11, Lot 15 and Tax Map R49, Lot 4 (both land only) and proceed with the process. (FH) Second. Carried 4-0.

6. Discussion of Town Hall Closing for Second Floor Clean-up

(PS) I was asked for this to be put on the Agenda for tonight. (EV) I have discussed this with Cara Marston and Liz Hast regarding the records in the storage area on the second floor. A lot of these records can now be discarded and put into a dumpster and send to BCEP. (PR) Should it be shredded first? It was noted that these records are not records that require shredding but need to be discarded. It was questioned as to the cost of a dumpster. (EV) I will check with BCEP about bringing down a container and picking it up.

(FH) Motion to approve closing Town Hall for second floor clean-up; date to be determined by Cara and Liz and Board notified. (PR) Second. Carried 4-0.

7. HSA Committee Report Issued Pursuant to the 2011 Town Meeting Action

(PS) There is a copy of the HSA Committee Report on Warrant Article No. 26. As you will note in the second to last paragraph of the report, it was recommended that Warrant Article No. 26 be withdrawn which passed unanimously. (GL) Were any members missing? Bill Elkins: No, it was a full Board. It should be noted that Articles 100.2, 100.3, 103.1, 103.2, 103.3, 103.4.1 of the Pittsfield NH Housing Standards Ordinances would have to be addressed. (See attached.) Board acknowledged receipt of the HSA Committee Report. (EV) I want to thank you for all the work you and your committee did on this. Should we reference this in the paper to let people know or wait until the next Town Meeting? Board agreed to wait until the next Town Meeting. (GL) I did feel it looked like the Committee was “one-sided.”

8. Resignation – Conservation Commission – Nancy Christie

(FH) Motion to accept resignation of Nancy Christie from Conservation Commission. (GL) Second. Carried 4-0.

(PS) to send letter of thank you.

INFORMATION ITEMS

None.

OLD BUSINESS

None.

APPLICATIONS AND WARRANTS

1. Veteran’s Tax Credit, Tax Map R24, Lot 10

(PR) Motion to deny Veterans’ Tax Credit, Tax Map R24, Lot 10.
(GL) Second. After Discussion: Carried 4-0.

Discussion: The term of service was discussed and it was noted that the term of service does not indicate an armed forces expeditionary medal or theater of operations service medal, therefore he does not qualify.

2. Intent to Cut – Tax Map R47, Lot 2 and Tax Map R47, Lot 2-1

(FH) Motion to approve Intent to Cut Tax Map R47, Lot 2 and Tax Map R47,
Lot 2-1. (GL) Second. Carried 4-0.

3. Intent to Cut – Tax Map R30, Lot 10

(GL) recused himself from this matter.

(FH) Motion to approve Intent to Cut Tax Map R30, Lot 10.
(PR) Second. Carried 3-0.

(GL) returned to Board.

CHECKS AND MANIFESTS

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

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

MINUTES

1. Public Session Minutes of August 16, 2011

(FH) Motion to approve Public Session Minutes of August 16, 2011.
(GL) Second. After Corrections Noted: Carried 4-0.

Corrections:

Page 2, Last Paragraph: Please see corrections as noted in Public Input,
Page 2 of these Minutes by Maurice Wells.

Page 3, Paragraph 2, Line 7 should read: ….continue as it. Add: We as a Board do not have the authority to suspend the Ethics Committee.

(PR) noted that it should be motioned to strike accusations that were brought up on Page 13 (Mr. Theodore comments.) An E-Mail from Larry Konopka was discussed regarding his request that Mr. Theodore’s comments be removed from the Minutes as his comments had nothing to do with Town business.

(PS) At a Public Meeting, what is said including what is part of Public Input has to be part of the record. Comments cannot be stricken. Everything is recognized and recorded in Public Minutes. (FH) I asked you to stop it. (EV) Fred, I disagree with you. As Chairman, I am not a judge and jury up here. It is up to Board or others to call Point of Order. (GL) If we keep these comments in, I hope that one of these people do not come back with a slander lawsuit. (FH) They cannot slap us; we only put in what he said though there is no truth to what Mr. Theodore said. (EV) He has to back them up. (FH) I am willing to go on record. There is no truth to it.

PUBLIC INPUT

Jesse Pacheco: I would suggest contacting Town Attorney as to what we put in our public minutes. We allowed it to go on. If Town Administrator says it is covered, then okay.

(PS) The Board understands that these Minutes are taped and people can ask for copies. The tapes record what was said. Mr. Pacheco: Not everything in the Minutes is verbatim. It does not have to be put in the Minutes what happened but just that he commented.

(FH) What Mr. Theodore said does not contain one word of truth. It happened and should be in the Minutes. Let the public know what goes on in the meetings. (EV) These words are not ours but someone else’s. I did not want to say “you are down.”

A short break was taken as (EV) left the room to take a phone call. (8:30 P.M.)
Resumed at 8:33 P.M.

(PS) I wish I had different advice to offer but it is contrary to State law not to include it in Public Meeting Minutes.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 8:36 P.M.

Board returned to Public Session at 8:49 P.M.

(GL) Motion to seal second Non-Public Session Minutes of September 6, 2011. (PR) Second. Carried 4-0.

ADJOURNMENT

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

Meeting adjourned at 8:59 P.M.

Approved: September 20, 2011

_____________________________ ________________________
Edward Vien, Chairman Date

I hereby certify that these Minutes were recorded by me on September 6, 2011, transcribed and publicly posted on September 8, 2011.

_____________________________________
Delores A. Fritz, Recording Secretary

II Tapes