August 20, 2013 Minutes

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

MEETING MINUTES OF TUESDAY, AUGUST 20, 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), Albert Douglas (AD), Paul Skowron (PS),
Town Administrator, Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

NON-PUBLIC SESSION

(EN) Motion to go into Non-Public Session per RSA 91-A: 3 II (a) – The dismissal, promotion or compensation of any public Employee or the disciplining of such employee or the investigation of any charges against him unless the employee affected: (1) Has a right to a meeting, and (2) request that the meeting be open, which case the request shall be granted. (AD) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 6:02 P.M.

Board returned to Public Session at 6:15 P.M.

(GL) Motion to not publicly disclose the Minutes because it is determined that divulgence of the information likely would affect adversely the reputation of a person other than a member of the Board. (AD) Second. Carried 5-0. Individual members of the Board were polled and each agreed.

NEW BUSINESS
ACTION ITEMS

6. Police Cruiser Purchase

Chief Wharem was present to request authorization to purchase 2013 black Police Ford Interceptor in the amount of $25,983 to replace the 2003 Ford Explorer which currently has possible transmission and severe rust issues. The vehicle will be purchased from Hillsboro Ford. The vehicle will be unmarked and offer increased gas mileage. The old vehicle will be sent to auction as it will not pass inspection. (EN) suggested possible use as Building Inspector vehicle and offered to take a look at it for that purpose.

(AD) Motion to authorize $25,983 to Hillsboro Ford for the purchase 2013 Ford Interceptor for Police Department. (EN) Second. Carried 5-0.

PUBLIC INPUT

Christopher Neal: I am here tonight to see if there is an approval of the Hawkers and Peddlers License for which I applied. (PS) The License has been forwarded to Police Chief for approval and to date, it has not been returned. The Police Chief was on vacation last week. Board requested (PS) check into it and will authorize (PS) to sign document. Christopher Neal explained to Board his intent for the sale of produce and how the initial need for a License came about. He noted that he does have a State license.

(AD) Motion to conditionally approve Hawkers & Peddlers License for Christopher Neal to sell produce with the approval of Police Chief and Town Administrator to sign document. (EN) Second. Carried 5-0.

Mr. Neal left meeting at 6:30 P.M.

Dan Schroth: He indicated that he is Citizen of The Year and offered a framed picture of himself which he requested hanging in the meeting room

Dan Schroth: He presented a written presentation of what he was present to discuss. (See attached.) He noted his agenda was to discuss the use of the Town’s backhoe to move rocks from the property of Charles Watson to the Baptist Cemetery for a project that he is working on there, as well as the Fire Chief Petition, Letter to the Editor for The Sun, and a sample letter for each Department Head, Chairman of Town Organizations and head of Churches.

Board noted that Town could not move rock from a private citizen’s property without authorization, which Dan Schroth noted he would leave this meeting to acquire and return with the document.

Dan Schroth left meeting at 6:46 P.M.

Close Public Input

AGENDA REVIEW

(LS) Town Hall Keys, South Main Street Yard Clean-Up, BOS Update, 2012 Encumbrance, Legal Counsel, and Non-Public – Reputation; (AD) BOS Meetings.

NEW BUSINESS – ACTION ITEMS: Continued

1. Resignation of Selectmen’s Alternate to Planning Board

(EN) Motion to accept resignation of Selectman LeDuc as Alternate to the Planning Board. (AD) Second. Carried 4-0. (GL) Abstain.

DISCUSSION: (GL) noted he would not work with this Board. (LS) There are only so many Board members to be on these boards. (GL) I will not serve.
(LS) This makes it hard for everyone else.

(EN) Motion to approve Lawrence Konopka as Alternate Selectman Ex Officio to the Planning Board. (LS) Second. Carried 4-0 (LK) Abstain.

(LK) I will serve as Alternate on Planning Board.

2. Realignment of Board of Selectmen Appointments

(PS) This was on the Agenda to take into consideration Selectman LeDuc’s resignation from the Planning Board. Board has appointed Selectman Konopka and there are no further actions to be taken.

3. Selectmen to Consider Retention of Library Architect

(PS) related that Town had received four proposals as well as the updated proposal from Peter Tenant, Wallace/Tennant Architects, Manchester, NH, which Acting Fire Chief Nick Abell, Building Inspector and (EN) have reviewed.

(AD) Peter Tenant, Architect was not one of the bids present when the bids were opened. Why wasn’t his bid among the bids that were opened at the Board meeting? (EN) explained that Board had used his bid information and requirements as a “template” for the request for additional bids. (AD) His bid should have been on the table when the other bids were opened. Board discussed the reasons that Mr. Tenant’s bid was not on the table that particular night and whether his “template” bid could be included. (PS) The Board can decide whether this bid can be included. There are no State laws to cover this. (LK) Board has to decide whether to use the three bids or include his making four bids.

(EN) Motion to consider the four bids for Library Architect. (GL) Second. After Discussion: (EN) Withdraw Motion and (GL) Withdraw Second.

Discussion: (LS) How did you come up with the Architect Peter Tenant?
(EN) His name was acquired from the Yellow Pages and we used his numbers and requirements to go to Town Meeting regarding costs. (LS) You do not know this person; did we invite him to bid? (EN) No. (LS) I would like to see the list of architects that were requested to bid. I know that the Library is waiting to have this done but we have to be fair.

Jesse Pacheco, Building Inspector: Peter Tenant was requested to come in and offer figures by Selectman Nilsson, which I did not know about until later. I do know this man and we have worked together in the past, but (EN) handled this originally. (EN) In my opinion, this is ridiculous. Board can table it but it is on the Agenda and we need to get it done. Jesse Pacheco: It is going to take a while to get started and it will probably be in the spring that this will be ready to be started.

Board decided to take a break to review the list of architects that were invited to bid.

Break: 7:02 P.M. Resume: 7:06 P.M.

(LK) New information has been brought to my attention that the “bid package” can be challenged. A similar situation happened at a School Board meeting and they were asked to re-submit bids. We can ask the bidders to resubmit. (LS) This person can be on the list but the issue remains that Building Inspector knows him. We need to get moving on the Library Architect selection. (PS) explained that the original proposal by Mr. Tenant had some handwritten remarks on it and Nick Abell had requested a “clean copy” which Mr. Tenant provided but it took him a while to respond. At this point, motion to consider four bids was withdrawn and (GL) withdrew second.
(LK) I would like to see a motion to re-advertise this within the guidelines and set a definite deadline. (PS) This is not something that we will be able to do this year, but the plans will be in place. Jesse Pacheco: The Library is waiting to get this done. (LS) There should be an updated letter from this office about the Library. The bid requests should done as fast as possible.

(AD) Motion to reject all current bids regarding the Library Architects.
(LS) Second. Carried 3-2 (EN) & (GL).

(LS) Motion to re-send request for Library Architect bids. (AD) Second.
Carried 4-1 (EN).

Jesse Pacheco left meeting at 7:15 P.M.

(LS) explained to Carol Grainger (who was seated in the audience) the rationale as to why it was being re-sent out to bid.

Gary Mullins: Just to let you know that the SAU ran into the same issue and had to redo the bids.

(PS) to re-send bids as soon as possible.

8:06 P.M. Fred Hast (as he was leaving meeting) requested to know closing date for bid submittal for Library Architects. Board noted that it would be as soon as possible. After his departure, Board voted:

(EN) Motion to approve bid submittal deadline for Library Architects as September 20, 2013. (GL) Second. Carried 5-0.

4. Fire Chief Recruitment

(PS) The advertising for the Fire Chief has been done and to date we have one resume. The advertisement for citizen panel member has also been accomplished.

7. Yield Tax Abatement in the Amount of $389.98 (Town Property)

(LS) Motion to approve Timber Tax Levy in the amount of $389.98,
Tax Map R24, Lot 8. (EN) Second. Carried 5-0.

(LS) Motion abate Timber Tax Levy in the amount of $389.98,
Tax Map R24, Lot 8. (EN) Second. Carried 5-0.

5. Welfare Director Recruitment

(PS) Bonnie (Bernadette) Theriault has worked for the Town of Loudon for fifteen years and has responded to Diane’s phone call soliciting an interim individual to fill the position of Welfare Director. The hours of work for her will need to be discussed.

Bonnie Theriault: She explained that she handles Welfare for the Town of Loudon and is also the Administrative Assistant. I am willing to help out Pittsfield but currently work forty hours for Loudon till 4:00 P.M. and would be able to be here by 4:20 P.M. or so. I have no problem working in the building by myself and I can help out for the time being and/or an extended period of time.

(PS) You are here tonight because we are here tonight. (EN) The building is still on one alarm system. Jesse Pacheco: We are waiting to put the lock on the back door and the signs per Fire Department. It should be done by the end of the week.

(LK) Hours can include Mondays till 7:00 P.M. and on Tuesdays the Board will be here every week. We will advise the PD of her presence.

(EN) Motion to approve hiring Bernadette (Bonnie) Theriault as Interim Welfare Director, up to 15 hours per week at a rate of pay to be determined by Town Administrator. (AD) Second. Carried 5-0.

8. Transfer from Thompson Road Escrow Account to the General Fund
in the amount of $165.

(PS) This was tabled from last meeting to check with Clayton per (EN) request as to why abutters were noticed regarding AHG Notice of Consideration to Revoke Approval. Per Clayton, the State Statutes note that in certain instances notification to abutters can be indicated. (EN) So, we can allow Planning Board to spend money any way they want? The Planning Board has free rein on spending money? (PS) Interpretation of the Statutes can go either way.

(LS) Motion to transfer from Thompson Road Escrow Account to the General Fund in the amount of $165. (AD) Second. Carried 5-0.

9. Junkyard Renewal License – Snedeker

Jesse Pacheco, Building Inspector: I have contacted Mr. Snedeker and he noted he would get back to me. I will attempt to contact him once again. Board agreed this would be off the Agenda until further notice.

10. Junkyard renewal License – Clattenberg

Jesse Pacheco, Building Inspector: We are awaiting paperwork from the Clattenbergs. (EN) Have Clara give them a call. Board agreed this would be off the Agenda until further notice.

11. Board of Selectmen Meetings

(AD) We were to start meeting every Tuesday the beginning of September.

(AD) Motion for Board of Selectmen to meet first and third Tuesdays of the month. (LS) Second. After brief Discussion: Vote 1 (AD) – 4.
Motion fails.

Board noted that Budget season is coming up and there are a lot of matters that need to be addressed. Board agreed they would meet weekly unless there is an emergency and an additional meeting will be noticed.

12. Town Hall Keys

(LS) My questions regarding Town Hall keys have been answered.

13. South Main Street Residence Clean-Up

(LS) The items that were cleaned up at the residence are now seemingly back. Building Inspector noted she started clean-up but then had a yard sale and a lot of the items remain where they were. There is no Zoning Ordinance to address this.

14. BOS Update

(EN) working on this.

15. Reversing 2012 Encumbrance

(LS) I have discussed this with Cara and counsel and we can reverse the encumbrance.

(LS) Motion to approve reserving 2012 Patrolman Encumbrance in the amount of $31,248.36. (GL) Second. Carried 5-0.

16. Legal Counsel

(LS) I wanted to bring to the Board’s attention that I am concerned about the costs of legal counsel and that anyone can contact them for information. (EN) Have we every determined what the Planning Board has spent on AHG?

(LS) Motion to approve that Board of Selectmen to determine use of legal counsel. (AD) Second. After Discussion: Vote 2 (LS), (AD) to 3.
Motion fails.

Discussion: (LS) noted that legal counsel fees are high due to Grievances, paybacks and to protect Town’s position. It was noted that LGC can be an excellent resource as well as Website. It was agreed that there are enough resources to exhaust before use of legal counsel and that if it is necessary to use legal counsel it is because it is a valid.

INFORMATION ITEMS

None.

OLD BUSINESS

1. Policy for Recruitment and Employment – Revised Pending
2. Policy for Employee Total Compensation Pending
3. Draft Ordinance Re: Bicycles and Skateboards Pending

APPLICATIONS and WARRANTS

1. Property Tax Abatement in the Amount of $20.17

(LS) Motion to approve property tax abatement in the amount of $20.17 for Tax Map U03, Lot 101. (EN) Second. Carried 5-0.

2. Application for Veteran’s Credit Tax Map R14,Lot 23

(LS) Motion to approve Veteran’s Credit for Tax Map R14, Lot 23.
(EN) Second. Carried 5-0.

3. Timber Tax Levy Tax Map R05, Lot 1-1

(EN) Motion to approve Timber Tax Levy in the amount of $111.07, Tax Map R05, Lot 1-1. (EN) Second. Carried 5-0.

4. Intent to Cut Tax Map R54, Lot 11

(LS) Motion to approve Intent to Cut Ta Map R54, Lot 11. (EN) Second. Carried 5-0.

CHECKS and MANIFESTS

(LS) Motion to approve Payroll and Direct Deposit. (GL) Second. Carried 5-0.

(LS) Motion to approve Accounts Payable and Checks Register. (GL) Second.
After Discussion: Carried 5-0.

Discussion: (LS) noted that there is an invoice in the amount of $1,150 for uniforms and that it is a large sum for an individual uniform. Do we have a policy in place regarding uniform allowance? (PS) to check.

MINUTES

1. Public Session Minutes of August 6, 2013

(EN) Motion to approve Public Session Minutes of August 6, 2013 with correction. (AD) Second. Carried 4-0. (LK) Abstain.

Correction:

Page No. 7, Paragraph 3, under Discussion, Line 2 should read: …….should be two (2) feet back and eight (8) feet up from the ground. The …….

2. Non-Public Session Minutes of August 6, 2013

(EN) Motion to approve Non-Public Session Minutes of August 6, 2013. (GL) Second. Carried 4-0. (LK) Abstain.

PUBLIC INPUT

Larry Konopka: There will probably be an article in the paper regarding my resignation from the Board of Selectmen last week. I have rescinded my resignation. I had discovered in the last week that my medical problems had nothing to do with my responsibilities as a Selectman, but rather due to the medication I was taking. My resignation was based upon mistaken information and at this time, I want to remain on the Board of Selectmen and continue serving our community. I have rescinded my resignation and am looking forward to serving our community for the remaining term I have. Thank you.

Dan Schroth: Linda Small and Al Douglas do not get it. You need to meet every Tuesday, not for you but for the people. We need to have conversations about things happening and not wait until the Town Meeting. I would like to have a list of all the organizations in Town so I can contact them to attend meetings. The Town is missing the human contact; if people come, people will make comments.

Linda Small: Dan, we only see people when there is a political matter on the Agenda.

Al Douglas: I disagree with you Dan. Linda Small: I disagree also.
Dan Schroth: A lot of people disagree with me. He related that he had a confirmation letter from Charles Watson allowing Town to enter his property with a backhoe and remove rocks for the cemetery and ball park project. Arrangements were made to have Highway Department confirm this.

Jim Pritchard: Eric had asked about the amount of money that was spent by the Planning Board on AHG. The AHG issue has been around for ten years. You should check what the Planning Board has spent on AHG from May 2012 to May 2013.

Jesse Pacheco, Building Inspector: Most of the bids that were presented earlier indicate that proposal is good for thirty days and therefore might change. All the resumes need to be updated or omit the thirty days proviso.

Paul Skowron noted that Ed Vien has come in to advise as to the status of the sale of the property.

Gary Mullins: The School Board went through the same problem with a bid, and t bidder took us to Court. It is to protect the Town.

NON-PUBLIC SESSION

(LS) Motion to go into Non-Public Session per RSA 91-A:3 II (a) and (c) :
RSA 91-A:3 II (a) – The dismissal, promotion or compensation of
any public employee or the disciplining of such employee or the investigation of any charges against him unless the employee
affected: (1) Has a right to a meeting, and (2) request that the meeting be open, which case the request shall be granted and

RSA 91-A:3 II (c) – Matters which, if discussed in public would likely affect adversely the reputation of any person other than a member of the Board itself, unless such person request an open meeting.
(GL) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 8:30 P.M.

Break: 8:31 P.M. Board resumed in Non-Public Session at 8:35 P.M.

Board returned to Public Session at 9:00 P.M.

Motion made by (EN) and Seconded by (AD) to not publicly disclose the Minutes because it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the Board.
Carried 5-0. Individual members of the Board were polled and all agreed.

OTHER

1. Citizen of the Year Plaque – Dan Schroth

(EN) Motion to display Citizen of the Year Plaque of Dan Schoth in large conference room. (GL) Second. Carried 4-1 (AD).

2. Keys and Alarm at Town Hall

(LS) Motion to approve dispensing keys to Town Hall (front and back door) to Police Department and Fire Department. (AD) Second. Carried 5-0.

(LS) Motion to add to Call List for Alarm Service should be 1. Police Department, 2. Fire Department, 3. BOS Chairman and 4.BOS Vice-Chairman and remove Cara Marston from Call List. (EN) Second. Carried 5-0

Phone numbers will be provided to the appropriate individuals.

ADJOURNMENT

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

Meeting adjourned at 9:05 P.M.

Approved: September 3, 2013

_________________________ ___________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on August 20, 2013, transcribed and publicly posted on August 26, 2013.

_________________________________________
Delores A. Fritz, Recording Secretary

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Attachments