April 2, 2013 Minutes

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

MEETING MINUTES OF TUESDAY, APRIL 2, 2013

CALL TO ORDER

Call to order at 6:00 P.M. by Larry Konopka, Chairman

MEMBERS PRESENT

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

MEMBERS ABSENT

Al Douglas (AD)

PUBLIC INPUT

Gary Mullins: The Fire Department would like to thank Larry Konopka for coming to the station last night. We found this to be quite educational on our part. (LK) I got to see firsthand you guys in action with the vehicles and other apparatus. It was educational and informative and interesting how everything is put together. Your meeting also informed me of a lot of things. I hope to be at some of your future meetings this summer.

Fred Hast: A few weeks ago you guys had an emergency Board meeting to approve a timber cut and did a lien. I asked you a while ago what the legal fees were and you have not got back to me on this. (PS) Fred, we have not yet received the bill for this. Fred Hast: You know if you had called the Ranger he would have come quicker. If you have a problem again, just call. It was a waste of timber that was cut; you could have asked the Ranger the dollar value.

Fred Hast: You have appointed an Acting Fire Chief. You have already advertised for a part-time Fire Chief. (LK) At the Town Meeting Article 21 was confusing so we are going to hold a special town meeting and move forward from that point. Fred Hast: You said you had ten applications so far, any more since then?
(PS) No.

Paul Richardson: There are several things I would like to bring to the attention of the Board regarding Article 15 at the Town Meeting concerning the renovation of the Library. I have brought some pictures for the Board which are also available at other locations.

Just to give you a little history, the Library Trustees applied for a Government Grant about three years ago. They hired an architect from Concord to do the renovation with a limited budget. I stopped by once a day to get some photos which I mentioned previously. I had wanted to address this with Board last week but you had a long Non-Public Meeting. Fire Chief DeSilva provided me with a memo concerning the basement requiring two means of egress. Mr. Richardson read from the NH State Fire Codes, NFPA 101, 2009 Edition, Chapters 13.2.4.2; 7.3.1.2 and 13.7.5.4.1. According to these codes, I do not think you need two means of egress. (LK) The State Fire Marshall reviewed the area and noted that two means of egress were necessary. There is no way to get out of the basement not even through a window.

Paul Richardson: I just wanted to bring to your attention that the Library is a place of assembly. If you cut the floor out you will be spoiling that building. It will take about 15 feet away from the basement. (LK) I suggest you discuss with the Building Inspector to voice your concerns. Paul Richardson: I was hoping that would be something the Board would do. (LK) Were you part of the committee who worked on this? Paul Richardson: No.

Paul Richardson: There are other concerns about the stacking room and the reading room with overloading the joists. The Selectmen need to watch over things better. Even the steam heat system – these are old steam pipes and if they spring a leak, they are behind the walls. I would be more concerned about the deteriorating foundation outside. (LK) After the Building Inspector and Deputy Building Inspector review this information, we can have them get back to you.

Fred Hast: Just to touch on Paul’s comments, when the construction was going on, the Fire Marshalls did approve the one exit. (LK) At that time, they might have had different codes, but right now it is an issue. Individuals cannot even go to the bathroom downstairs unless accompanied by a trained individual.

Paul Richardson: The Fire Marshall approved the drawings then and every time the codes change we cannot go into the different buildings and ask them to make the changes. (LS) Do you think the building is safe? Paul Richardson: I think it is fine. There were some stairs down there previously that resembled a ladder and you had to go up them backwards because they were so narrow. They were blocked up by the time the architect got there. Some things were left intact not to change the integrity of the building.

Close Public Input

APPOINTMENT

1. 6:10 P.M.: Parks and Recreation Re: Use of Dustin Park

Minnie Plante: We have an application for the use of Dustin Park by the Beacon of Light. I know that the Board had some concerns last year and with the new application, we wanted to bring it to the Board’s attention. It would be from
April 26th through September from 5:30 P.M. to 8:30 P.M. – inspirational music.
I have asked them to be present tonight should you have any concerns.

Nick Abell: Cara is in the process of adapting a Waiver of Liability for this purpose. Parks and Recreation is glad to see that someone is using park. After the dredging of the pool, the committee will be working on the gazebo.

Andrew Walton: I wanted to come and give you a brief history of how we have come to Pittsfield. He noted that since August of 1980, he has been involved in various ways with the Town of Pittsfield, including working with the Police Chief and working on Wildwood Drive. He noted that about three years ago they started this program in the Community Center. He related that they are trying to work with the youth. Everything they have to offer to the public is donated and free such as food, ice cream, home supplies, always cleans up after the program, and would be willing to contribute to the electrical costs. (LK) The Town Administrator will check into the liability factor. (PS) The Waiver of Liability and Certificate of Insurance (up to $2M) will need to be in place before the start of the program. (LK) Last year, citizens had some concerns because of the noise factor. Mr. Walton noted that they would attempt to keep that under control and get the paperwork to Town Administrator prior to April 26th.

Raoul: My family moved to Pittsfield about six months ago and we are trying to help the people. We give away various supplies and will bring down the noise. We are trying to discourage crime and help people do better.

Mr. Walton and Raoul left meeting at 6:30 P.M.

2. 6:15 P.M. Matt Reagan Re: Drainage on Dowboro Road

(PS) You have an E-Mail in your packet of information from Mr. Reagan.
(LK) Has George been up there to take a look at it? (PS) Yes. From what George shared with me, his understanding is that the water has always run off the road and through the culverts in that direction. (LK) We can have George and one of the Selectman view the area – maybe on Friday. (EN) related that he would check it out and will address it at the next Board meeting. Mr. Reagan: Because of the flow of the water, it recently took a tree down in my yard that barely missed the house. He requested that he be present when George and (EN) view the area to explain a couple of things to them. (EN) will contact him accordingly.

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

2. 6:30 P.M. Non-Public Session with Chief of Police

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

Board went into Non-Public Session at 6:36 P.M.

Board returned to Public Session at 7:07 P.M.

NEW BUSINESS
ACTION ITEMS

1. BCEP Appointments

(PS) I have asked Mark Riel and Carolyn Allheiser if they would like to be appointed once again. Mr. Riel has declined and Selectman Douglas was going to check with Ms. Allheiser but is not present tonight because of family obligations. I am asking that we put this on the Agenda for April 16th. Board agreed.

2. Appointment of Acting Fire Chief

(PS) The Board needs to take formal action on appointing Nick Abell as Acting Fire Chief.

(EN) Motion to appoint Nicholas Abell as Acting Fire Chief. (LS) Second. Carried 4-0.

Nicholas Abell: I am looking forward to being the Acting Fire Chief, hopefully for just a short term. I have E-mailed several people and I think everyone is “in the loop” on this. I am looking forward to the task. (LS) Thank you for assuming the responsibility.

Nicholas Abell: I am also recommending Lenny Deane as Interim Deputy Fire Chief.

(EN) Motion to approve Lenny Deane as Interim Deputy Fire Chief.
(LS) Second. Carried 4-0.

Discussion: (GL) Mr. Deane has recently resigned. (LK) I discussed this with him last night and he is willing to step-up as Interim Deputy Fire Chief.

Nicholas Abell: Some of the individuals within the Fire Department have been on various committees long term and I have requested that they continue to be on these committees. Since I am new to this, they will be my “fall back person.”

12. Compensation Rates for Fire Department (Was Information Item)

(LK) Nick and I discussed this last night. Nick Abell: This is based on an average and would change should there be a fire. (LK) Do you feel it is adequate? This indicates less hours for the Chief and more for Administrative Secretary.
Nick Abell: Yes.

Proposed Breakdown:

Chief Total Week: $500.00
Interim Deputy Chief: $200.00
Administrative Secretary $246.60

TOTAL: $946.60

(EN) Motion to approve weekly salary costs for Fire Department for $946.60. (LS) Second. Carried 4-0.

3. Warrant Article for Fire Chief – Discuss Term of Office
4. Draft Special Meeting Warrant (Added Items)

(PS) This is the Draft Warrant Article for Board approval. I have also included a copy of the 2005 Town Meeting Minutes. Before release, this will be sent to Town Counsel for review.

Gary Mullins: You might want to add the date that this vote is intended to supersede. (LS) I think this cleans it up. (LK) We can bring it to the Fire Department to see if they have any questions on this and they can contact me or Paul. (GL) By adding more to it, I think it will make it more confusing. (PS) It is tentatively scheduled for April 27th, but if you make changes to the Warrant Article, it will change the timetable. (LS) We need to give people the opportunity to look at it. (PS) Then it will not be on April 27th. There is also the issue of the Fire Chief being a certified EMT. There is no reference to it in Article 30. This should be in the ad for full-time. We can discuss it at the next meeting.

AGENDA REVIEW

(GL) Town Attorney Question, Barnstead Meeting with Board; (LS) Abatements, Board of Selectmen Meetings; (LK) ENH Power, Public Hearing Fire Chief, Employees Attending Board of Selectmen Meetings; (PS) Appointment 6:10 P.M. Parks & Recreation Re: Use of Dustin Park, Draft Special Meeting Warrant, Intent to Cut Tax Map R15, Lot 4, Timber Tax Levy Tax Map R18, Lot 3, Date for Selectmen Group Photo, Appointment: 6:30 P.M. – Non-Public – Chief of Police.

NEW BUSINESS – ACTION ITEMS Continued

5. Board of Selectmen to Consider Action to Exclude Election Workers’ Wages from Social Security and Medicare

(PS) There is some lengthy information pertaining to this in your packet of information.

(LS) Motion to exclude the services performed by election workers for a calendar year in which the remuneration paid for such service is less than $1,600 effective January 1, 2013 from Social Security and Medicare. (EN) Second. Carried 4-0.

6. Appointment Part-Time Police Officer

(LS) Motion to approve appointment of part-time Police Officer Brandon Walker. (GL) Second. Carried 4-0.

7. Date for Selectmen Group Photo

Board agreed group photo could be done on April 16th.

8. Intent to Cut Tax Map R15, Lot 4

(LK) I believe that I am abutter to the property. I can recuse myself if Board would like. Board agreed it would not be necessary.

(LS) Motion to approve Intent to Cut Tax Map R15, Lot 4.
(GL) Second. Carried 4-0.

9. Timber Tax Levy Tax Map R18, Lot 3

(LS) Motion to approve Timber Tax Levy Tax Map R18, Lot 3 for $545.48.
(GL) Second. Carried 4-0.

10. Town Attorney Question

(GL) At the special meeting at the School pertaining to AHG questions, the Town Counsel said something to which I would like to request an answer; namely:
If the Planning Board denies AHG subdivision, could Town Counsel in good faith defend the actions of the Planning Board? I heard her say she could not. If that is the case, we may have to hire another attorney.

11. Board of Selectmen Meetings

(LS) I think the Board meetings are ready to go back to every other week.
(LK) Yes, unless we need an emergency meeting for some purpose. Meetings
will be the first and third weeks of the month.

13. ENH Power Co.

(LK) I would like to check into what the costs might be if using ENH Power.
(PS) to check.

14. Public Hearing Re: Fire Chief

(LK) The upcoming Public Hearing regarding the Fire Chief. Where should we hold the meeting? I do not think there will be enough room at Town Hall, maybe at the Fire Station. Gary Mullins: Probably better at the high school where there is more parking. Board agreed public hearing will be scheduled for High School Lecture Hall.

15. Fire Department Employees Attending BOS Meetings

(LK) I have been asked if the Board would reconsider allowing on-duty personnel to attend Board of Selectmen meetings. If they get calls, they can leave directly from meeting. How does the Board feel about this happening? (EN) I would have to think about it. (GL) I would have to do some soul searching before I can answer.

INFORMATION ITEMS

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

(EN) The Planning Board will be meeting again Thursday night. Paul, have you had a chance to resurrect the document we discussed at the last meeting? I would like to have it for the meeting on Thursday. (PS) to do.

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

(GL) The Association has two projects they are requesting information from Pittsfield on: 1. Request information on the vendors for Town vehicles used by the Town of Pittsfield. They are seeking information to possibly consolidate these costs; and 2. Costs of printing the Town Report. (PS) to check with Cara for this information.

3. Barnstead Board of Selectman Meeting with Pittsfield Board of Selectmen

(GL) I have been asked by a Barnstead Board Member to relay the request for them to meet with the Pittsfield Board of Selectmen for the possible consolidation of Police Department and Fire Department. This is just a preliminary meeting. Board agreed that this would be acceptable.

4. Abatements

(LS) I have reviewed the abatements but the individual forms are not marked denied or approved. (PS) This will be done by Cara.

5. Al Douglas Family Medical Status

(LK) I think it would be nice if the Board sent flowers (for the death of his wife’s step-daughter.) (PS) to make the arrangements.

OLD BUSINESS

1. Policy for Recruitment and Employment to be Revised

(PS) We have whittled down the Old Business section and have been working on the Fire Chief issue. (EN) We can make a rough draft of this policy and possibly have it available by April 16th to present to Board.

APPLICATIONS and WARRANTS

1. Application for Veteran’s Tax Credit Tax Map R20, Lot 8-3

(PS) Individual qualifies.

(LS) Motion to approve application for Veteran’s Tax Credit Tax Map R20,
Lot 8-3. (EN) Second. Carried 4-0.

2. Application for Veteran’s Tax Credit for Service Connected Total &
Permanent Disability Tax Map R22, Lot 2-3

(PS) Individual qualifies

(LS) Motion to approve Veteran’s Tax Credit for Service Connected Total & Permanent Disability Tax Map R22, Lot 2-3. (EN) Second. Carried 4-0.

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Session Minutes of March 19, 2013

(EN) Motion to approve Public Session Minutes of March 19, 2013.
(LS) Second. Carried 4-0.

2. Public Session Minutes of March 26, 2013

(EN) Motion to approve Public Session Minutes of March 26, 2013.
(GL) Second. Carried 2-0. (LK) and (LS) Abstain.

3. Non-Public Session Minutes of March 26, 2013

Minutes not available.

OTHER

Board noted that appointment of individuals to the Pennichuck Aqueduct Committee will be made once the committee has been established.

PUBLIC INPUT

Sherry Deane: Where can I find the RSA pertaining to Special Town Meetings? (PS) Chapter 39.

Adam Gauthier: Eric, when would you like to set up a time to take a look at the stockpile of tires? (EN) We can set it up for the same day George and I view the Dowboro Road property.

Adam Gauthier: My Mom passed away last Tuesday and I would like to offer my Thank You to the Fire Department for all their efforts.

Close Public Input (8:04 P.M.)

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 8:05 P.M.

Break: 8:05 P.M. Resume in Non-Public at 8:10 P.M.

Board returned to Public Session at 8:25 P.M.

(GL) Motion to seal Non-Public Session of April 2, 2013. (LS) Second.
Carried 4-0.

(EN) Motion to accept recommendation to compensate Police Officers for Special Details as result of the PERLB decision – payment in full: $5,409.32.
(GL) Second. Carried 3-1 (LS).

Discussion: (LS) Does this reflect the amount that the Union Representative came up with as opposed to what the Chief came up with? (PS) Yes. (LS) So we are paying what the Union Representative came up with.

Other:

(EN) Paul, could you contact the alarm system and remind them that they were going to provide us with an estimate for the basement? (PS) to do.

ADJOURNMENT

(EN) Motion to adjourn. (LS) Second. Carried 4-0.

Meeting adjourned at 8:32 P.M.

Approved: April 16, 2013

_____________________________ ______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes of April 2, 2013 were recorded by me, transcribed and publicly posted
on April 4, 2013.

_______________________________________
Delores A. Fritz, Recording Secretary

II Tapes: No Attachments