April 16, 2013 Minutes

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

MEETING MINUTES OF TUESDAY APRIL 16, 2013

CALL TO ORDER

Call to order at 5:15 P.M. by Larry Konopka, Chairman

MEMBERS PRESENT

Larry Konopka (LK), Chairman, Eric Nilsson (EN), Vice-Chairman,
Linda Small (LS), Al Douglas (AD), Gerard LeDuc (GL), Paul Skowron (PS), Town
Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

APPOINTMENT

5:15 P.M.: Upton & Hatfield – Municipal Law Attorneys

(LK) Just so everyone knows, I did some work for you in the 80’s.

Barton Mayer: We are municipal law attorneys and are currently working with thirty different communities. Our philosophy is “You need us when you need us.” We can respond to your questions as soon as possible and it is always up to the Board as to how they would like to proceed.

Matthew Serge: I started with Upton and Hatfield in 2003 and practice nothing but Municipal Law. I will attempt to find the low cost resolution of a problem and do not recommend Court unless we have to.

Mr. Mayer: We are pro-active and like to get the job done as soon as possible rather than later.

(GL) questioned if they were quite familiar with property sale procedures. He explained that Town has had to notice sale of a property several times. Mr. Mayer: There should be a standard procedure which you can follow which should express the process. We do recommend auctioning the property. (EN) What about issues concerning the Building Inspector that would require your intervention? Mr. Mayer: It is best to work things out at the local level. Every Town has a different personality and we have had much experience with land use issues. He explained the firm’s various research techniques. (LK) asked general questions pertaining to Class VI roads and requested their fees. Mr. Mayer noted that the fees are $190 per hour.

(LK) thanked them for explaining their history and for coming in to meet with the Board.

Attys. Mayer and Serge left at 5:50 P.M.

5:50 P.M.: Bob Legg – Board of Selectmen Photo

Break: 5:51 P.M. for picture taking. Resume at 5:56 P.M.

PUBLIC INPUT

Fred Hast: I would think the Town Administrator would know better. For a $20 lien on a piece of property it cost the Town $645 in legal fees. You should have asked the Ranger to come quicker; he would have been here the next morning if you had told him it was an emergency. I think it is terrible that taxpayers had to spend that much money ($645.) (PS) We would get in trouble with the State if we did not do this.

Fred Hast: Last year at the Town Meeting you said you could save $100,000 and you have done nothing but tear the Police Department and the Fire Department apart. You had a good department but you broke it all up. This does not help the Town a bit. The tax rate is high. How many new buildings and businesses do we have in Town? You spend money foolishly. You have five or six departments and you are not working with them. How much is the Special Town Meeting going to cost? (PS) It is estimated about $1,500.

(EN) called Point of Order during a discussion with Board and Mr. Hast and discussion was discontinued.

Paul Richardson: This will be the last time that I will speak on the Library issue. I discussed with Chief DeSilva a number of times, the issue of egress from the basement. He presented an excerpt from the Life Safety Codes 13.2.5.1.2 (see attached.) Roza is also now concerned about the boiler in the building which was brought up at the Town Meeting. By putting stairs in the basement, it will spoil the building. (LK) The Fire Chief and the State Fire Marshall were all in agreement with the need for a second egress from the basement. Paul Richardson: They were correct but this Fire Code was not discussed. They have also turned off the heat in the basement – you talk about mold. (LK) Paul, could you please ask Nick Abell, Acting Fire Chief to look into this and offer a written response. (PS) to do.

Close Public Input

AGENDA REVIEW

(GL) Update on Dowboro Road; (PS) Draft Special Meeting Warrant, Permit Fee/Replacement Tanks, Pole License Petition, Meeting with PSNH-Donna Keely Re: Energy Supplies, Paul and Carole Richardson Letter Re: Snedeker Junkyard, Items under Old Business and Information Items: Note from Bill Miskoe Re: Committee Appointment, and Kentek Memo with Attachments.

PUBLIC HEARING

6:10 P.M.: Kentek Application for Community Revitalization Tax Relief

(LS) read into Minutes the Public Hearing Notice – Kentek Community Revitalization Tax Relief. (See Attached.)

Open Public Input:

Adam Gauthier: Have any of the Selectmen gone down to see the building? The Board members indicated that they had not, but would like to and several made arrangements with Mr. MacMullen for this view.

Marilyn Roberts: How many employees do you anticipate hiring in the future and when do you anticipate this will be? Mr. Mac Mullen: We currently have about 25 employees and will probably be hiring several additional employees in August or September. We will have to see how things go. We have sales offices in other states but we would like to concentrate on Pittsfield office.

(AD) Have you met all the requirements of 79E? Mr. McMullen: I believe we have. He explained how Kentek has met these requirements including project description, replacement of qualifying structure, public benefit, and substantial rehabilitation requirements. He noted that they would soon begin working on the “outside of the building and the grounds.” (LS) When do you anticipate this will be complete? Mr. MacMullen: Initially it was to be May 22nd but now probably sometime in June.

Marilyn Roberts: I am Vice-Chair of the EDC and would like to comment in support of the tax incentive for Kentek and would like to encourage the BOS to accept the 79E request. This piece of property is on the cusp of the Charrette area which the Town has invested money into and I think this revitalization will be the flagship of the Charrette project. There is the potential for more employees and that business will benefit other businesses in Pittsfield.

Bob Legg: He had a building with about five employees and now has 25 employees. It is a clean business with no noise; it is not an eyesore. Helping him out will be beneficial to the Town.

Close Public Input

(LS) I would like to add that since 2006 the EDCs goal has to been to promote business in Town. In 2007 we began the 79E Community Revitalization Tax Relief Incentive. This meets the criteria and I personally support this endeavor.

(AD) I have walked past the establishment and it sounds like a good deal.

(PS) To allow the Board to clearer understand the agreement, the tax relief is for a five year period and I have prepared a Memo along with a spreadsheet providing the information regarding tax savings. Mr. MacMullen: The Board can accept all or part of the five year tax relief. The maximum duration also requires a covenant which protects the Town for the use and appearance of the building. The Board can adjust that. (PS) The dollar value on the request? Mr. MacMullen: $270,000 tax assessment for relief. If the value increases, we might want to increase it. (PS) noted that there was a difference on the values. Mr. MacMullen noted that Town counsel had reviewed the covenant and that they were agreeable with it.

(LK) We can table this for the action till May 7th. Board agreed. Mr. MacMullen agreed that he would contact the Town with the final arrangements and he would meet with Town Administrator accordingly.

Mr. MacMullen left meeting at 6:35 P.M.

NEW BUSINESS
ACTION ITEMS

1. Joint Committee/Board Meeting Invitation

(PS) Linda Small and Marilyn Roberts of the EDC have committed to the attached letter which will be sent to all Town Boards and Committee Chairs and Members. (LS) You have all read the draft regarding the hiring of Arnett Development Group, and along with CNHRPC, EDC and the BOS will be hosting a joint committee assembly on May 4th (see attached.) It has been noted that there is lack of communication with board members; we are hoping to offer to everyone something to work with to head in the right direction with the vision, goals and same potentials in mind. (LK) It is a good letter. (PS) It is important that other boards send representatives especially Planning and Zoning.

2. BCEP Appointments

(PS) Carol Allheiser has been contacted and is willing to serve another year as Representative to the Budget Committee for BCEP. Ed Vien has been asked to serve as Alternate as Town Representative and has agreed.

(LS) Motion to approve Carol Allheiser as Budget Committee Representative and Ed Vien as Alternate Town Representative to BCEP for one year. (EN) Second. Carried 5-0.

Break 6:40 P.M. Resume 6:49 P.M.

3. On Duty Crew to Attend Selectmen Meetings

(PS) The Board was asked to address this on the Agenda. There is an E-Mail from Acting Fire Chief Nick Abell addressing this. The E-Mail denotes that “Standard Operating Guidelines do not allow for two members to respond on the engine truck. A third member is needed to respond.” So, if on-duty personnel are at Town Hall or the FD, they must wait for a third person to arrive before responding on a “fire call.” (PS) At the last Board, the Chair posed this question. The original purpose of having FF/EMT was that they could respond from the station with the engine. If there are two here and there is a fire, they would have to drive back to the station and wait for the third individual. (LK) The fire truck requires three people. There have been several EMT’s noting they would like to attend BOS meetings. I would like to leave this up to the Department Heads discretion. We should discuss with Nick Abell. So the policy is that the engine does not leave station unless there are three FF/EMT on board. Gary Mullins: That is correct.
(AD) I do have a relative on the Fire Department. Would the Board like me to recuse myself? Board noted this would not be necessary. (GL) Last year, I was not impressed when they were in attendance due to the hostility. Department Heads should be held responsible for their employee’s actions. (EN) What about the Police Department. Chief Wharem assured Board that no police officers would be in attendance at Board meetings because of their duties as a police officer and the need to be out on the streets. Our department is a little different.

(LS) Communication is important but I still think employees should be where they are paid to be unless Board needs info from them. I do not think it would help communication. I do not support this. I do not agree it would help us.

(AD) Motion to approve allowing on-duty employees to attend Board of Selectmen meeting with Department Head approval. (LK) Second. After Discussion: Motion dies 2-3 (GL), (LS), (EN).

Discussion: (EN) If there is nothing on the Agenda pertaining to employee department, then they should not be in attendance if on duty. (GL) I would not support it; there is too much animosity. (LS) Also, there is misinformation given by the employees. (LK) The goal is to open communication.

(EN) All on-duty personnel with Department Head approval can attend Board of Selectmen meeting if there is an Agenda item pertinent to their department.
(LK) Second. Carried 3-2 (LS) and (GL).

Discussion: (LS) This boils down to our discretion and the Department Heads discretion.

4. Guidelines for Construction on Class VI Roadways (Information provided by Eric Nilsson)

(EN) provided to Board some guidelines for construction on Class VI roadways so that Board can be aware of what is needed to accomplish this. “These are just guidelines other than State Statutes.” Board can adopt a policy pertaining to this for the future. I will let the Planning Board know where we are going with this.

5. Appointment – Zoning Board

(PS) Carole Dodge would like to be re-appointed to the Zoning Board with her term ending on March 31, 2016.

(GL) Motion to approve appointment of Carole Dodge to Zoning Board with term ending on March 31, 2016. (AD) Second. Carried 2-1 (EN). (LK) and (LS) Abstain.

6. Appointment Recommendation – Library Board of Trustees

(PS) Bill Miskoe has dropped us a note that he now does not want to be considered for the Library Board of Trustees and would prefer submitting his request to be appointed to the Pennichuck Purchase. Board noted change.

7. Timely Filing of Payroll by Department Heads

(GL) I have noticed a couple of times over the last month or so that Cara is waiting too long for payroll submittals. They should be submitted in a timely manner. (PS) Some are and some are not.

(EN) Motion to approve submittal of Payroll by Department Heads be on Tuesdays by 9:00 A.M. (GL) Second. Carried 5-0.

(PS) If Tuesday is a holiday, then should be submitted on Monday by 7:00 P.M.

8. Notice of Intent to Tax Buildings (Notice of Campground Owners)

(PS) This is a standard format for the Board to send campground owners annual inventory notice.

(LS) Motion to approve Notice of Intent to Tax Building (Annual Inventory) for Hunsberger, Baker and Wahlman. (GL) Second. Carried 5-0.

Chair signs letters.

9. Action on Abatement Recommendations

(LS) Motion to approve Tax Abatement on Tap May U01, Lot 86-C2 as recommended by assessor. (EN) Second. Carried 5-0.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 7:20 P.M.
Board returned to Public Session at 7:47 P.M.

(GL) Motion to seal Non-Public Session Minutes of April 16, 2013. (LS) Second. Carried 5-0.

Break 7:47 P.M. Resume at 7:54 P.M.

ACTION ITEMS – CONTINUED

10. Highway Safety Grants

Chief Wharem was present to explain to Board and seek approval. Since these are “money issues” grants they need to be approved on a timely basis. One is the DWI Patrols and the other is Pittsfield Routes 4 & 28 Corridor Patrols. He explained to the Board, the purpose and the monetary values. We also have another grant for the bicycle safety helmets, which we have had in the past.

(EN) Motion to approve and authorize Chair to sign Pittsfield DWI Patrols Grant for $7,800. (GL) Second. Carried 4-1 (LS).

EN) Motion to approve and authorize Chair to sign Pittsfield Routes 4 & 28 Corridor Patrols Grant for $5,720. (GL) Second. Carried 4-1 (LS).

11. FMLA Approval

(LS) Motion to approve FMLA leave for Rick Walter. (EN) Second.
Carried 5-0.

12. Approval of Part-Time Police Officer

(GL) Motion to approve Brandon Walker as part-time police officer, entry level. (EN) Second. Carried 5-0.

Chief Wharem: Just to advise Board, the cruiser has been ordered.

13. Draft Special Meeting Warrant

(PS) Board requested at last Board meeting to send draft of Warrant Article to Fire Chief for discussion with Fire Department members. A copy of Acting Fire Chief response is included (read into Minutes) which will not be forwarded to Town Counsel for review. (PS) to do.

14. Permit Fees – Replacement Propane Tanks

(EN) The Building Department has forwarded a copy of a list of outdated propane tanks from Irving which Irvin would like to remove and replace. The question is whether there should be a permit fee for this or should the fee be waived for these replacements? (PS) Nick Abell would not like to have these individuals be charged for these replacements. (EN) But, they are “playing with gas. A child died because of this. (PS) Eric, what is the fee? (EN) $45. How do we know that these are being done correctly? Are the pipes up to date? (GL) We should have the Fire Chief and Jesse appear the next meeting to discuss. (AD) This will be delaying it.

(EN) Motion to charge $45 Permit Fee for replacement of propane tanks by Irving. (LS) Second. Motion dies 1 (EN) -2 (AD) & (GL). (LS) and (LK) Abstain.

(LS) Motion to not charge Permit Fee for replacement of propane tanks by Irving. (GL) Second. Carried 4-1 (EN).

15. Pole License Petition

(EN) Motion to approve PSNH Police License Petition #41-0439. (LS) Second. Carried 5-0.

(EN) requested a copy of the map with utility poles with street lights. (PS) to do.

16. Meeting with PSNH – Donna Keeley Re: Energy Suppliers

(PS) Board had requested I look into ENH as carrier. I thought the logical place to start would be to get a hold of Donna Keeley regarding alternative electrical suppliers. Board suggested (PS) meet with Donna Keeley to discuss.

17. Paul & Carole Richardson Letter Re: Snedeker Junkyard

(LK) Has the Building Inspector been up there? If the Building Inspector needs legal directions, he can contact Town Counsel.

INFORMATION ITEMS

1. Report from Selectmen’s Representative to the Planning Board

(EN) Board voted on sending several letters to AHG. The letters quoted law, which I am unfamiliar with but were sent any way. We need to work with the Planning Board and legal counsel on these matters. I am hoping that these letters are correct.

2. Report from Selectmen’s Representative to the Suncook Valley Regional Town Association.

(GL) We have not had a recent meeting. I have sent a message to Selectman Barnard regarding regionalizing the Fire and Police Departments.

3. Update on 335 Dowboro Road

(EN) I have discussed with George but unfortunately have not been able to get up there. I will try to do that this week. Mr. Reagan (Property owner) noted that he had talked with Disabled American Vets and hopefully they can help in getting property squared away. (EN), (LK) and (PS) will try to view property.

OLD BUSINESS

1. Policy for Recruitment & Employment (Revision) Pending
2. Policy for Employee Total Compensation Pending
3. Amendment to the Obstructs Sts. & Sidewalks Ord. Pending

APPLICATIONS and WARRANTS

1. Warrant/Excavation Tax: Tax Map R48, Lot 2 – $40.52

(LS) Motion to approve Warrant/Excavation Tax, Tax Map R48, Lot 2 in the amount of $40.52. (EN) Second. Carried 5-0.

2. Intent to Excavate – Tax Map R48, Lot 2

(LS) Motion to approve Intent to Excavate Tax Map R48, Lot 2. (GL) Second. Carried 5-0.

CHECKS and MANIFESTS

(LS) Motion to approve Accounts Payable and Checks Register. (GL) Second. Carried 4-0. (EN) Abstain.

Discussion: (LS) Just to note that the bill from the personnel attorney is close to $3,000. We cannot keep spending like this.

(LS) Motion to approve Payroll and Direct Deposit. (AD) Second.
Carried 4-0. (EN) Abstain.

MINUTES

1. Public Session Minutes of April 2, 2013

(EN) Motion to approve Public Session Minutes of April 2, 2013 with correction. (GL) Second. Carried 3-1 (LK) (AD) Abstain.

Correction:

Page 2, Paragraph 2: Delete last sentence.

Note: Public Session Minutes of March 26, 2013 were approved on April 2, 2013.

2. Non-Public Session Minutes of April 2, 2013.

(GL) Motion to approve Non-Public Session Minutes of April 2, 2013.
(EN) Second. Carried 3-0. (AD) and (LK) Abstain.

3. Non-Public Session Minutes of April 2, 2013

(EN) Motion to approve Non-Public Session Minutes of April 2, 2013.
(GL) Second. Carried 3-0. (AD) and (LK) Abstain.

OTHER

(GL) We should be reviewing past Non-Public Session Minutes to determine if they can be released to the public. (PS) We can do them in years and sign off on them. Dee and I will work on them together.

PUBLIC INPUT

Maurice Wells: Board paid Laura Spector to review policy on access to public property. What happened with that? (LK) I do not recall asking counsel about that. Maurice Wells: I thought Paul asked about it. (LK) We did not make a policy to access public property.

Maurice Wells: Is the Town Administrator under contract? (LK) Yes.
Maurice Wells: Do you have a Job Description attached to it? I would like a copy. The reason is that several meetings ago I asked the Board a question and he said that he is “not an elected official.” (PS) I know what you are talking about and it pertained to lien notification which is associated with the duties of the elected Tax Collector. This does not fall under my duties.

Maurice Wells: When you go into Non-Public Session you are supposed to poll the members of the Board. (LK) I did and always do.

Gary Mullins: I wanted to thank Larry (Konopka) for coming to the School Board meeting. (LK) noted he found it to be very educational.

Adam Gauthier: The grant for bike helmets – I always see kids riding around without helmets. Town needs to enforce this. It is the law. They have to wear them. (LK) Please give that information to Chief Wharem.

Adam Gauthier: How much are the Permit Fees? (EN) $45.

Bill Elkins: Most committees have representatives and Housing Standards would like to welcome you to their meetings.

Close Public Input

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 8:45 P.M.

Board returned to Public Session at 9:20 P.M.

(GL) Motion to seal Non-Public Session Minutes of April 16, 2013.
(EN) Second. Carried 5-0.

ACTION ITEMS – CONTINUED

18. Settlement Agreement – Teamsters

(EN) Motion to accept Settlement Agreement with Teamsters and authorize Chair to sign. (GL) Second. Carried 4-1 (LS).

19. Alarm System Quote

(EN) Could you remind Capitol Alarm regarding the quote they were going to send us? (PS) to do.

20. Thank You – Selectman Douglas

(AD) I wanted to thank you all for the flowers that were sent. We appreciate it.

ADJOURNMENT

(EN) Motion to adjourn. (GL) Second. Carried 5-0.

Meeting adjourned at 9:25 P.M.

Approved: May 7, 2013

__________________________ _______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on April 16, 2013, transcribed and publicly posted on April 24, 2013.

_____________________________________
Delores A. Fritz, Recording Secretary

II Tapes
Attachments