August 6, 2013 Minutes

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

MEETING MINUTES OF TUESDAY, AUGUST 6, 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.

PUBLIC INPUT

Ted Mitchell: About two years ago, the Board of Selectmen allowed me to volunteer to landscape the Town Hall. I would like permission to build a small donation box for the Tax Collector’s office for donations to offset the costs. I have been doing this myself, but I cannot continue to pay the costs. (LK) We can address this on tonight’s Agenda.

AGENDA REVIEW

(EN) Building Permit, Non-Public – Employee; (PS) Appointment – Acting Fire Chief Nick Abell, Selectmen to Act upon Abatement Tax Map R11, Lot 1-17 in the Amount of $5,234, Board of Selectmen to Reverse 2012 Encumbrance in the Amount of $1,248.36, Installation of New Basement Door and Security

Considerations, Board of Selectmen Representative to the Planning Board Resignation, Draft Motion Re: Requesting the Zoning Board of Appeals to Rehear the Appeal to an Administrative Decision for Paul Rogers, Second Quarter Sewer Warrant in the Amount of $95,447.82, Non-Public – Personnel Appointment and Reputation.

PUBLIC INPUT

Ted Mitchell: (Referring to landscaping the Town Hall) I decided to allow the community to contribute to the landscaping project since I cannot budget this all myself for plants, shrubs, and etc.

(PS) Ted, is this part of the Beautification Committee? Ted Mitchell: No.
(PS) Perhaps you could ask them to be part of this under their umbrella and then the sign would say “Beautification Committee.” Ted Mitchell: I am a member of the Beautification Committee and I will check with them.

APPOINTMENTS

6:15 P.M.: Ted Mitchell/Trails Committee

Ted Mitchell: He related that there were several changes on the proposed document – Trail Agreement Between Town of Pittsfield and Property Owners – some of which were typographical errors and several others change in wording.
(EN) Are any of the trails on Town property? Ted Mitchell: We already have several trails on Town property. This Agreement is for private property owners. (PS) The changes indicated are reasonable and the Town Attorney has “closed the circles” on the wording. (LK) Has the Board the right to change this by mutual agreement? (PS) Yes, with Town and property owners.

Ted Mitchell: There is no liability involved. This is standard for trail agreements.

(LS) Motion to approve revised Trail Agreement Between Town of Pittsfield and Property Owners. (EN) Second. Carried 5-0.

(LS) Ted, thank you for all your work on this.

Property at 112 Barnstead Road

(LK) Ted, thank you for the letter in The Sun pertaining to this property. It was very nicely put together. Ted Mitchell: It was collaboration between Mike Monahan, Nick Coates and me. We are planning to meet with DOT about this.

(PS) Someone from the DOT called regarding this property. They thought it was going to be used as a Park’n’Ride not realizing that someone else wants to use it.

6:25 P.M.: Acting Fire Chief Nick Abell

This appointment with Acting Fire Chief Nick Abell included:

NEW BUSINESS
ACTION ITEMS

8. Fire Chief Job Description/Recruitment Schedule

Nick Abell: I have one recommendation to be included in the Job Description which is that the individual should have a residency requirement up front.
(LK) What does the Board think about a 20 miles radius? (LS) This would be okay as long as we enforce it. Nick Abell: I think this would include the area up to Laconia and Concord which would draw a good pool of individuals. It could be a conditional requirement allowing them to move. (EN) This would be incorporated under Minimum Qualifications.

(GL) Motion that Fire Chief Job Description includes under Minimum Qualifications that individual should reside within twenty mile radius of Pittsfield – (amended after discussion to read) at time of hire. (EN) Second. (Second amended to note that “at time of hire” is part of the Motion.) Carried 5-0.

Discussion: (AD) I had been thinking about a 15 mile radius. Nick Abell: Twenty miles would allow a good response time (20 miles=20 minutes). (AD) The closer the better. (GL) The previous Fire Chief lived about an hour away which is too far. (PS) The 20 mile radius for response – is that part of the criteria at the time of hire or after. Board agreed that this would be at the time of hire. (Motion amended to include “at time of hire” phrase and Second affirmative.)

Advertising: Nick Abell: He noted that the last page of the Job Description denoting “bullets” are really RSA requirements and could probably be eliminated from the advertising media. (PS) I agree with Nick, we will want to “compress” the advertisement a bit. It was agreed that it would be advertised on the Websites for the Fire Academy, LGC, The Sun, and Town Website with a deadline response date of August 30, 2013.

Recommendations for the interview panel should include a member Officer of Fire Department, area Fire Chief, Police Chief or Sargent , member of the public (request for participation will be advertised in The Sun), possibly Ron Freese as Emergency Management Director and a Board of Selectmen, which will be Selectmen Konoka as well as Town Administrator Paul Skowron. Nick Abell will set up the committee, members of which will review all the applications, recommend three individuals and set-up interview times/locations/etc.

9. Consideration of Personnel Appointments in the Fire/Ambulance
Department

Nick Abell: Every year the Feds tell us what the rates will be for reimbursement, which is usually Medicare x 10% namely:

BLS Transport from $413.20 to: $415.00
ALS1 Transport from $490.68 to: $492.81
ALS2 Transport from $710.19 to: $713.28

This is in effect now with Concord Hospital but requires BOS approval.

(LS) Motion to increase billing rates as indicated above per Memo dated
July 29, 2013 from EMS Captain Jim Girard. (EN) Second. Carried 5-0.

11. 136 Rocky Point Road

Nick Abell: The fire over the weekend was a Town owned property. The problem is that the Town acquires the buildings but does not maintain them. I would like to suggest the Fire Department have a list of vacant Town properties with buildings so that the Fire Department can review the house and make sure we are able to get trucks down to the site. Meters need to be moved, gas needs to be shut off and things like that. (EN) Talk to the Building Inspector, Cara or he usually contacts PSNH. Nick Abell: Also you know at 36 Loudon Road they stole the copper piping which raises the questions that in the future, these can be training sites and it would also help Town. (PS) Cara usually has them turn off the power and shut off the water. (PS) to supply Fire Department with list of unoccupied Town properties with buildings.

Nick Abell: Once the claim is submitted and paid, Town gets the back taxes and the rest goes to the previous owner. Perhaps, the manpower for controlling the fire could also be deducted from the claim to cover the overtime. (PS) An insurance claim for Rocky Point Road has already been filed. Per Statutes, if a property is sold for more than the back taxes, the property owner is reimbursed for the difference. Nick Abell: The payroll for next week will be quite costly and any funds received would be beneficial for the General Fund.
14. Installation of New Basement Door and Security Considerations

Nick Abell: Jesse and I did a walk through via the new door and a sign is required to the effect that door is to be remain unlocked when offices in use. I will get you the exact verbiage for the sign. Also, an EXIT sign needs to be installed as well as a self-closing device. Nick Abell to E-Mail (PS) with exact verbiage for sign.
(LK) The new door needs to be painted, if we can find someone to volunteer for this.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 650 P.M.

Board returned to Public Session at 7:00 P.M.

(EN) Motion to seal and not publicly disclose the Non-Public Session Minutes of
August 6, 2013 because it is determined that divulgence of the information would affect adversely the reputation of any person other than a member of the Board. (GL) Second. Carried 5-0.

NEW BUSINESS – ACTION ITEMS – Continued

9. Consideration of Personnel Appointments in the Fire/Ambulance
Department

(LS) Motion to approve hiring of Robyn Cushing, Andrew Perkins, Daniel Heffernan, Michael Dow, Eliot Brown and Robert Martin for the Fire/Ambulance Department, per Diem FF/EMT and based on qualifications to start at pay scale Step 0. (AD) Second. Carried 5-0.

1. Response to Planning Board Letter dated July 25, 2013, Re: AHG

(PS) Clayton Wood has sent a letter in response to your meeting on July 23, 2013 relating the issues needed to be attended to and declined a client/attorney meeting.

(LK) Since that time, (PS) has sent a letter to Clayton Wood relating that I would meet with them any time or with Chair and Town Counsel. (PS) To date, there has been no response from Clayton Wood. (PS) Item 2 has not been addressed and Item 3 – if you would like me to contact George, I will do that. (LK) George can review Item 3. On Item 2, I can meet with Planning Board; there are two different interpretations of this.

(AD) Are they moving ahead with the public meeting? Has AHG performed any of the requirements of RSA 674:41? (LK) There will possibly be a meeting in the future to discuss RSA 674:41.

2. Junkyard Renewal License Re: Snedeker

(PS) There is no correspondence regarding renewal of the junkyard license.

Jesse Pacheco, Building Inspector: I had a phone call today from Jim Snedeker and the property is partially cleaned up. The Fire Chief and I need to re-inspect the property. I have been by the property several times and he might be ready for inspection. We could table this for a while. To date, I have not sent out any violations on the property.

(EN) Motion to table Snedeker Junkyard Renewal License till next meeting.
(AD) Second. Carried 5-0.

3. Refund of ZBA Fees to Clattenburg in the amount of $145.

(PS) The ZBA is requesting Board consider refunding fees for Clattenburgs Certificate of Approval for junkyard as Board did for Richardsons.

(LS) Motion to approve refund of $145 to Clattenburgs for Certificate of Approval. (GL) Second. Carried 5-0.

4. Consideration of Motion for Rehearing in the ZBA Matter
Re: Jitters’ Sign

(PS) In your packet of information, there is an E-Mail from Town Counsel regarding the Jitters’ sign as well as a drafted motion addressing the issue. I have had no response from Town Counsel on the motion yet requesting ZBA rehear the appeal and reconsider the decision. Town Counsel feels that ZBA did not address the issue of the Building Code matter at all. There has been substantial rehab of the building, the sign should be inclusive by review and there is a safety issue. George has sent a Memo regarding the safety issue.

(LS) Motion that Board of Selectmen requests that the Zoning Board of Appeals (ZBA) rehear the matter of the decision by the ZBA of the appeal of the Administrative Decision filed by Paul Rogers, and heard by the ZBA on
July 11, 2013. The basis of the request by the Board of Selectmen that the Zoning Board rehear the case and its decision is as follows:

1. The ZBA failed to address the Building Code in its decision;
2. The substantial rehabilitation of the building is precedent for the
interpretation of the Building Code as to the sign;
3. The sign represents a safety hazard.

(GL) Second. After Discussion: Carried 5-0.

Discussion: (AD) Did the ZBA make an error? Jesse Pacheco: The codes indicate that the sign should be two (2) feet back and eight (8) feet from the ground. The ZBA needs to make a decision regarding the codes.

5. Transfer from General Fund to the Sewer Reserve Fund
In the amount of $3,500

(PS) Town received payment for sewer hook-up which needs to be transferred to the Sewer Reserve Fund

(GL) Motion to approve transfer from the General Fund to the Sewer Reserve Fund in the amount of $3,500. (EN) Second. Carried 5-0.

6. Transfer from the Thompson Road Account (AHG) to the General
Fund in the amount of $165

(LS) Motion to transfer $165 from the Thompson Road Account (AHG) to the General Fund. (GL) Second. After Discussion: (LS) Withdraw Motion.
(GL) Withdraw Second.

Discussion: (EN) Why is the Planning Board notifying the abutters if the
August 15th meeting is a Notice of Meeting, not a hearing? (PS) to check.

(LS) Motion to table this matter. (EN) Second. Carried 5-0.

7. Transfer from the Thompson Road Account (AHG) to the General Fund
in the Amount of $2,247.72

(PS) Chair of the Planning Board actually approved a bill from Louis Berger Group for AHG in the amount of $3,242; however, the Escrow Account has only $2,247.72 remaining in account.

(LS) Motion to approve transferring from Thompson Road Account (AHG) to the General Fund in the amount of $2,247.72. (EN) Second. Carried 5-0.

12. Selectman to Act upon Abatement Tax Map R22, Lot 1-17
in the amount of $5,234.

(PS) This is for property exemption which was not picked up on software conversion.

(LS) Motion to approve abatement for Tax Map R22, Lot 1-17 in the amount of $5,234 as suggested by Assessors. (EN) Second. Carried 5-0.

13. Board of Selectmen to Reverse 2012 Encumbrance in the
Amount of $31,248.36

(LS) Motion to not approve reversing 2012 Encumbrance in the amount of $31,248.36. (EN) Second. After Discussion: (LS) Withdraw Motion and
(EN) Withdraw Second.

Discussion: (LS) noted that this was not the proper way to reverse encumbrances because it becomes part of the 2013 Budget and it was not earmarked for that purpose. This will be discussed with Cara to determine procedure on reversing 2012 Encumbrance.

(EN) Motion to table until next meeting. (AD) Second. Carried 5-0

15. Board of Selectmen Representative to the Planning Board Resignation

(EN) I do not feel that I am doing any good being on the Planning Board. I would like this Board to accept my resignation as I am having difficulty working with them. (GL) Did you put that in writing? (EN) No.

(LK) Motion to accept resignation of Selectman Nilsson as representative to the Planning Board. (GL) Second. After Discussion: (LK) Withdraw Motion and (GL) Withdraw Second.

Discussion: (GL) I am the Alternate representative and I want to make you aware that I am unable to be present at the Planning Board August 15th meeting. I have other commitments at this time. I am willing to step up into the position, but need an alternate. (EN) If you want me to stay, I will, though I do not think any good will come of it. (LK) Eric, if this Board can do anything to help you, please let us know. (AD) I may be interested in this in the future, but right now my plate is maxed out and cannot do it right now. I will put it on the back burner for now. (GL) I understand Eric’s frustration.

16. Building Permit

(EN) I would like the Building Inspector to speak on this.

Jesse Pacheco, Building Inspector: What has happened is that this individual applied for a permit for a 24x24x9 carport, for which I issued a Building Permit. Upon inspection, it is noted that it is a shed almost a garage, 14 feet high and is not a certified building. I cannot sign off on this as it is supposed to be a carport, but is actually like a “garage.” He noted that it has a metal roof and there are no snow loads or wind factors that can relate to this structure. The applicant is now interested in constructing an additional identical structure in back of this one. I need some guidance on this.

(LK) This applicant actually stopped at my home the other night and voiced his frustration in this matter. Jesse, check with Town Counsel. (LS) What actually would be the question posed? (LK) Can we sign off on this without Town being libel? Jesse Pacheco: It does not meet snow loads or the dimensions on the Building Permit. The applicant noted that the 9 ft. is the door size but he did not note that on the application. The people who make these buildings certify them for certain things.

(LS) He applied for a 24x24x9 ft. carport and that is what he should have. I would think that we should hold him to what he applied for. (PS) There are enough questions here to require clarification by another party. (LK) He would have to work to keep it legal or hire an engineer. Can you tell us where it does not meet code? Jesse Pacheco: The building cannot handle snow loads or wind load. The applicant is supposed to demonstrate as to how it meets codes. (PS) Further clarification is needed.

INFORMATION ITEMS

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

(GL) as alternate attending the Planning Board on August 1st, commented on several statements made by the Planning Board. Chairman noted that this is not the time to get into that and that Board would just like an update on what is happening at the Planning Board. (GL) noted they would be continuing with the Meeting scheduled on August 15th.

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

(GL) Meeting has been postponed until August 20th.

OLD BUSINESS

1. Policy for Recruitment and Employment – Revised Pending
2. Policy for Employee Total Compensation Pending

Amending Obstructing Streets and Sidewalks Ordinance will be added to future Agenda.

APPLICATIONS and WARRANTS

1. Intent to Cut Tax Map R43, Lot 8-1

(LS) Motion to approve Intent to Cut Tax Map R43, Lot 8-1.
(EN) Second. Carried 5-0.

2. Second Quarter Sewer Warrant in the Amount of $95,447.82

(GL) Motion to approve Second Quarter Sewer Warrant in the amount of $95,447.82. (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.
(EN) Second. Carried 5-0.

Discussion: (LS) Check 17056 should be for a different amount.

MINUTES

1. Public Session Minutes of July 23, 2013

(EN) Motion to approve Public Session Minutes of July 23, 2013 with Corrections. (GL) Second. Carried 4-0 (LS) Abstain.

Corrections:

(LK) Page 2, First Paragraph of Appointment with Clayton Wood, last sentence addition. “Clayton Wood also agreed that Selectman Konopka’s recusal would not be necessary.”

(AD) Page 7, Second Paragraph should read: Motion to approve Board of Selectmen …………..2013. (EN) Second. Carried 3-1 (AD).

2. Non-Public Session of July 23, 2013

(EN) Motion to approve Non-Public Session of July 23, 2013.
(GL) Second. Carried 4-0. (LS) Abstain.

PUBLIC INPUT

Jesse Pacheco: I just got my file on the carport application and it should be noted that the notation – NOTE: ALL WORK MUST CONFORM TO THE 2009 IRC 1 AND 2 FAMILY OR IBC CODES AND ALL FIRE AND SAFETY is not on the copy forwarded to the applicant.

Jim Pritchard: I just heard Selectman LeDuc’s statement regarding the Vice Chairman accusing Board of Selectmen of…… (LK) This is not the time to get into this. I did stop him on that and I would not like to get into that at this point. Jim Pritchard: He did say it and I just wanted clarification.

Adam Gauthier: According to the Cambridge Dictionary, a carport can have three closed sides.

Adam Gauthier: The trail openings they were discussing, are they wide enough for the Fire Department’s ATV to get down for a rescue if necessary? (PS) I do not know. Adam Gauthier: There is the question of safety. (LK) We will ask about that.

Adam Gauthier: The new system that Acting Fire Chief Nick Abell was talking about as to having Police Department checking calls first….. (EN) That would be an officer from the Fire Department. I still think the ambulance should go down first.

Close Public Input

NON-PUBLIC SESSION

(LS) Motion to go into Non-Public Session per 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 requests an open meeting. (EN) Second. Carried 5-0. Individual members of the Board were polled an all agreed.

Board went into Non-Public Session at 8:09 P.M.

Break: 8:10 P.M. Resume at 8:20 P.M.

Board resumed in Non-Public Session at 8:20 P.M.

Board returned to Public Session at 8:43 P.M.

(EN) Motion to seal Non-Public Session Minutes of August 6, 2013 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. (AD) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

OTHER

(GL) I am submitting my resignation as Alternate to Planning Board. (LK) We will address this at the next meeting.
ADJOURNMENT

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

Meeting adjourned at 8:50 P.M.

Approved:

_________________________ ___________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on August 6, 2013, transcribed by me and publicly posted on
August 14, 2013.

______________________________________
Delores A. Fritz, Recording Secretary

II Tapes
Attachment