December 18, 2012 Minutes

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

MEETING MINUTES OF TUESDAY, DECEMBER 18, 2012

CALL TO ORDER

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

MEMBERS PRESENT

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

MEMBERS ABSENT

None.

PUBLIC INPUT

Nick Abell: The HSA had a Public Hearing requesting a fee increase and I think there was some misconception pertaining to the increase. If an inspection is accomplished it goes to the General Fund but if re-inspection goes to the Inspector and not the General Fund, he could do four in an hour and that would be $60.00 an hour. There were some thoughts about resubmitting this and having a Public Hearing to breakdown the different inspections, but the Board has not pursued this so apparently they do not feel it is needed now.

Close Public Input

AGENDA REVIEW

(GL) Tax Deeded Properties; (PS) Selectmen Meeting Schedule – January 2012, Request of Police Chief for Vacation Hours Carry Over, Transfer from the Municipal Building Expendable Trust to the General Fund, Transfer from the Ambulance Special Revenue Fund to the General Fund, Memo from Fire Chief DeSilva Re: EMS Captain Promotion, Memo from Fire Chief DeSilva
Re: Employment of Paid On-Call Firefighters, Memo from Fire Chief DeSilva Re: Expenditure for Repairs to Radio Room, Continued Review of Proposed Warrant Articles, Discussion of Part-Time Wage Rates, Resignation Mark Wallace – Conservation Commission, Petition for Pole License – Concord Hill Road, Request from Nick Abell Re: Encumbrance, Intent to Cut – Tax Map R18, Lot 5, and Informational Items.

APPOINTMENTS

6:10 P.M.: Conservation Commission Re: Town Forest Cut

Mark Wallace and Forester Charles Moreno were present.

It was noted that Board had several questions pertaining to the Thompson Road Forest cut as several residents also had questions about the area which seems to have been clear cut.

Forester Moreno: It has been three years since I met with the Board and an occasional meeting is always good should you have any questions though I am always available. (He distributed information regarding the Forest Management Plan.) He noted that the Plan contains management of the 13 different properties. As you can see, this is a big study. (Mr. Wallace noted that copies of the plan are available for review by the public at the Town Hall and there is also one at the Library.) (LK) Our concerns are about the Thompson Road Forest and that it is being clear cut. Forester Moreno referred to the Plan and noted that there are about 54 acres of forest, of which a small pocket is being clear cut for a viewing area to enhance the area. He noted that the wood quality in this area was poor and the cut would be beneficial to the area for the future.

(PR) If the Board had known this from the beginning, we could have explained this to the residents. It was submitted as a selective cut. Obviously, people were disturbed about the clear cutting and if we had known earlier we could have then explained it to the public. (EN) I would recommend that in the future a map such as was presented tonight be available to assist the Board in what is happening. Board noted that George also had some concerns about the area. (PS) George conveyed his concerns not regarding the activity of clear cutting but in relation to the road conditions. I discussed with George today and he relates that the logger did remediation to grade the area, and he is satisfied with the results.

Forester Moreno: I believe George saw the project “mid-stream” and now the project is about three quarters complete. The area is quite wet and should be completed hopefully sometime in January. It should take a couple of days to finish the job. Mark Wallace: It is the cleanest cut I have seen. Forester Moreno: This is that forest’s first cut and will stand to have more done in the future.

(LK) Should you want to address the Board in the future, please contact the Town Administrator for scheduling. Is George now satisfied with what is being done there? (PS) I believe he noted that the trail at the top of the hill is not quite up to standard. Forester Moreno: That will probably be accomplished when the last quarter of the cut is complete. Mark Wallace: Our hopes are when it is done, that the rock wall will go back up.

Mark Wallace: Have you heard from George regarding the house we discussed that could be “demolished” on Rocky Ridge Road? (PS) George had some concerns in getting the backhoe in position to get rid of the house. He would have to rent an excavator. Mark Wallace: It may be worth it for safety reasons.

Mark Wallace: As you know, I am resigning from the Conservation Commission and I believe you will have several parties interested in taking my place on the Commission.

NOTE: (LK) The Board will be going into Non-Public Session at 7:00 P.M. because of some time constraints of Selectman Rogers.

NEW BUSINESS
ACTION ITEMS

1. Application for Radio Operability Grant (Police)

(PS) This is a Government program the Town has taken advantage of previously pertaining to the Radio Operability Grant for the Police Department. There are no Town matching funds required and all additional information is in the paperwork.

(LS) Motion to approve and accept the Radio Operability Grant and authorize the Chairman to sign. (GL) Second. Carried 4-1 (LS).

2. Acceptance of Letter of Resignation

(PS) The Board has the letter of resignation of Lenny Dean, Deputy Chief of the Fire Department which has been sent to Chief DeSilva and will be retiring on January 1, 2013.

(PR) Motion to accept resignation of Lenny Dean as Deputy Chief of the Fire Department effective January 1, 2012. (LS) Second. Carried 5-0.
(PR) It would be nice to provide a thank you gift and card for 31 years of service. (PS) to do.

3. Appointment of Acting Deputy Chief, Acting Lieutenant, and Emergency Medical Services Captain

(PS) As you will note, there are a number of Memos from Chief DeSilva in the added items of the Agenda tonight. It is noted:

Acting Deputy Chief: Nicholas Abell
Acting Lieutenant: Peter Pszynosky

This will result in wage changes for Nick Abell – $11.40 to $16.00 and Peter
Pszynosky – $10.20 to $11.40 effective January 1, 2012. Chief DeSilva is requesting confirmation of this.

(PR) Motion to approve Nicholas Abell as Acting Deputy Chief at $16.00 per hour and Peter Pszynosky as Acting Lieutenant at $11.40 per hour effective
January 1, 2013. (EN) Second. Carried 5-0.

(PS) Also, Jim Girard has been selected as EMS Captain effective December 23, 2012 as noted in a letter from Chief DeSilva which states “The promotional process consisted of an oral board with the Town Administrator and three chief officers from area departments, as well as a follow-up interview with Deputy Chief Dean and myself.”

(LS) Motion to approve Jim Girard as Emergency Medical Services Captain as recommended by Chief DeSilva effective December 23, 2012. (GL) Second. Carried 5-0.

4. December 30, 2012-Effective Date to Reclassify Per Diems to FF/EMT if Qualified

(PS) Chief DeSilva is now prepared to make adjustments to reclassify Per Diems to Firefighter/Emergency Medical Technicians effective December 23, 2012. All personnel will be moved from EMT classification to EMT/FF with applicable rate of pay. (LS) Are all the EMT’s able to do Firefighter as well? Board discussed the qualifications for the ability to do this and with Nick Abell’s explanation was able to agree that this is plausible. (PR) Can all these individuals fill-in the hours as needed? Have they filled in right along? (PS) Many have; the difference in full-time and part-time requirements is the agility test. (LS) Full-time or part-time should not make a difference where safety is concerned.

(EN) Motion to approve reclassifying Per Diems to FF/EMT with adjustment in rate of pay accordingly. (GL) Second. Carried: 5-0.

5. NH Retirement Group II Certification Numbers

(PS) In your packet of information, you will note there are three Group II Position Certification Forms which have been generated by Chief DeSilva who is requesting Board approve and sign and which will then be sent to the NH Retirement System. He is requesting that this be done at this time which means it will not have to be done again. Within the Town, there can be a multitude of identical positions and this form identifies each individual employee who may occupy one of these positions, i.e. firefighter, police officer, etc.

(LS) Motion to approve three Group II Position Certification Forms for New Hampshire Retirement. (PR) Second. Carried 5-0.

6. Contract with Fire Protection Engineer – Library

(PS) In your packet of information there is a bid which has been received from Fire Risk Management, Inc. concerning the Library basement life safety evaluation (second means of egress). According to their letter, “We propose to provide all the necessary services to develop a set of design recommendations to add a second means of egress from the Town of Pittsfield Library basement for a cost of $2,650.”

(EN) There are also problems concerning the second floor. Are we sure everything is covered? (PS) This should be for the whole project. (PS) to check.

(LS) Motion to accept bid of Fire Risk Management, Inc. for $2,650 for Library basement. (GL) Second. After Discussion: Carried 4-1 (EN).

Discussion: (LK) There are also problems on the main floor which the Fire Chief can also address. (PR) I would say yes if it is for the whole package. (LK) I believe the Fire Chief handled the first floor. (EN) It was supposed to be evaluation of the whole building, not just the first floor. (LK) The proposal is for Life Safety issues in the building and the quote is for inside and outside.

7. Contract for Trash Collection

(PS) Pinard Waste Systems is the low bidder.

(LS) Motion to approve Pinard Waste Systems contract for trash collection and authorize Chair to sign contract. (GL) Second. Carried 5-0.

8. 2012 Encumbrances

(PS) There is a list of 2012 encumbrances which Board needs to take action on or to carry forward into 2013 as well as some miscellaneous items. Board discussed Encumbrances and Non-Lapsing Appropriations including:

2006:
1. Pittsfield Aqueduct Purchase – $5,195.46.

2009:
2. Highway Block grant allocated to Concord Hill Road Project – $33,140.89
3. Dustin Park Gazebo – $974.
2011:
5. EDC and CNHRPC, Wetlands delineation of Park & Ride – $544.71
7. CO Police cruiser vehicle equipment – $792.82.

(LS) Motion to approve allowing 2006 and 2009 Encumbrances to lapse
(Nos. 1,2,3,5, &7 above.) (EN) Second. Carried 5-0.

(LS) Motion to approve 2009 CNHRPC contract balance for technical assistance with Zoning Ordinance revisions to lapse – $7,654.38. (GL) Second.
Carried 4-1 (EN).

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 7:00 P.M.

Board returned to Public Session at 7:45 P.M.

(GL) Motion to seal Non-Public Session Minutes of December 20, 2012.
(EN) Second. Carried 5-0.
NEW BUSINESS – ACTION ITEMS – Continued

9. Sewer User Fee Abatement Request

(PS) These individuals have a private well and were charged consumption though they have not lived in the house for a long time. The recommended reimbursement for two years is $169.31 and abatement is $101.36.

(LS) Motion to approve reimbursement for sewer user fee $169.31 and abatement for $101.36. (GL) Second. Carried 5-0.

10. Proposed Settlement Agreement for BTLA Filing

(PS) This settlement is per the Avitar Assessors.

(LS) Motion to approve Settlement Agreement Tax Map U01, Lot 57 as recommended by Avitar Assessors. (GL) Second. Carried 5-0.

11. Selectmen Meeting Schedule – January 2013

(PS) This is just to confirm the scheduled meeting dates for the Board of Selectmen in January which will be January 8th and January 22nd. January 15th has been scheduled for meeting with AHG which will be at the High School.

12. Request of Police Chief Robert Wharem for Vacation Hours Carry Over

(EN) Motion to approve carryover of 30 hours for Police Chief Robert Wharem due to special circumstances and the economic climate. (GL) Second.
Carried 5-0.

13. Transfer from the Municipal Building Expendable Trust to the General Fund

(LS) Motion to approve transferring $36,197.24 from the Municipal Building Expendable Trust to the General Fund. (GL) Second. Carried 5-0.

(LS) Paul, is there anything left in this fund? (PS) to check.

14. Transfer from the Ambulance Special Revenue Fund to the General Fund

(PR) Motion to approve transfer of $59,476.29 from Ambulance Special Revenue Fund to the General Fund. (GL) Second. Carried 5-0.

15. Memo from Fire Chief DeSilva Re: EMS Captain Promotion

See No. 3 Above.

16. Memo from Fire Chief DeSilva Re: Employment of Paid On-Call Firefighter

(LS) Motion to approve employment of Gary Craycraft as paid-on-call Firefighter. (GL) Second. Carried 5-0.

(LS) I trust that he will be attending Firefighter I Certification Program in
January 2013 and it will be billed at that time? (PS) Yes.

17. Memo from Fire Chief DeSilva Re: Expenditures for Repairs to Radio Room

(PS) The mold has now been cleaned up and (EN) can update on the rest of the expenditures request.

(EN) There are two different items covered in the $475 – materials for the countertops and the new ceramic time for the floor, which I have volunteered to install at no cost. There is also insulation which is required but I am still reviewing the contract on that and there are some “gray area” questions that need to be resolved.

(EN) Motion to approve $475 for repairs to Radio Room at Fire Department for countertops and new ceramic tiles for floor. (LS) Second. Carried 5-0.

18. Continued Review of the Proposed Warrant Articles

(PS) I believe that these include everything that has been discussed. The Ambulance Special Revenue Fund cannot be capped. What can be capped is the amount deposited into the fund by regulating the amount of deposit on an annual basis. The Fire Chief is concerned that the Town should always have some funds for a replacement ambulance. The Board needs to focus on what the Board wants by January 8, 2013.
(LS) After the Board decided on these, (LK) decided to follow his own agenda. She related that Board had already made a decision on these a while ago and now Board member wants to change the decisions. (LS) The Board did pass it; five people voted on it. We talked about it and you did it anyway. (LK) And I did not vote for it at that time. Your Warrant Article was provided as an added item on the Agenda and the Warrant Article that I am presenting tonight was not yet reviewed by DRA for comment. I have been working with the Department Heads on this warrant article with a cap and they support this Warrant Article unlike the one you approved last week.

(PS) The Warrant Article for Police Special Details Special Revenue Fund cannot be capped. (LS) Larry proposed that money be put in for a cruiser. (LK) I would like to see the Warrant Article for Special Details pay for cruiser. (LS) We approved it 4-1; I am tired of rehashing this. (EN) If we can figure something out that is better for the Town, why not bring it up for a re-vote. I am just trying to bring some additional information to the issue. (LS) Five people voted and we need to stop re-voting. It was voted down by the Townspeople for the past two years.

(PS) The last Warrant Article deals with consolidating accounts, six accounts into one.

(LS) Motion to approve consolidating Warrant Article for Highway Department to include all six accounts. (GL) Second. Carried 5-0.

(PR) Motion to approve creating new Capital Reserve for $396,224.07 for Highway Department. (GL) Second. Carried 5-0.

(LS) This will be a cleaner way of moving forward.

(PS) We also have the one concerning the Planning Board. (PS) will provide a copy of this proposed Warrant Article to Board for next meeting.

19. Discussion of Part-Time Wage Rates

(PS) Board discussed this previously as prompted by Chief Wharem to modify the Animal Control Officer wage. Board requested that this be for all the part-time office assistants as a reasonable evolution for all departments.

(LS) Motion to increase Office Assistant wage to $13.70 per hour effective November 25, 2012 for Delores Fritz, June Tillotson, and Animal Control Officer Ann Taylor. (PR) Second. Carried 5-0.
20. Resignation Mark Wallace – Conservation Commission

(GL) Motion to accept resignation of Mark Wallace, Conservation Commission effective January 1, 2012. (EN) Second. Carried 5-0.

(PS) to send thank you letter.

21. Petition for Pole License – Concord Hill Road

(PS) This has been reviewed by George and he is OK with it.

(PR) What about the leaning poles on Carroll Street; there are two of them. They have gotten worse over the past few months. (PS) to check.

(PR) Motion to approve Petition for Pole License – Concord Hill Road.
(EN) Second. Carried 5-0.

22. Request from Nick Abell Re: Encumbrance

(PS) Nick Abell has requested that Town encumber $200 for filing of State Dredge Permit. There is really no need for an encumbrance for this; Town can just pay it in 2013.

(LS) Motion to decline request for Encumbrance for Dredge Permit but allow for payment in 2013for permit. (GL) Second. Carried 5-0.

23. Intent to Cut, Tax Map R18, Lot 5

(PR) Motion to approve Intent to Cut, Tax Map R18, Lot 5. (LS) Second. Carried 5-0.

24. Details

(EN) Motion to approve payment of Special Details as submitted by Chief Wharem in the amount of $6,414 to resolve PERLB findings not including overhead. (LS) Second. Carried 5-0.

(LK) Motion to approve $9,340 for Special Details. No Second. Motion dies.

25. Tax Deeded Property

(GL) I am curious as to where we stand on these properties. (PS) On 36 Loudon Road property, we have sent out the appropriate paperwork, had inquiries and Erica has now filed the Deed with Registry (12/17/12). We can now offer the property for sale again. I have discussed with Town Attorney and we should not transfer property until after ninety days. On some of the other properties, we have had tax agreements and we can start moving forward on several other properties.
Selectman Paul Rogers left meeting at 8:30 P.M.

INFORMATION ITEMS

1. Memo from Fire Chief DeSilva Re: Interviews for FF/EMT’s
2. Fire Chief DeSilva Memo Re: Appointment of Acting Deputy Chief
Wage Adjustment
3. Fire Chief DeSilva Memo Re: Wage Adjustment List from EMT to
EMT/FF Pending Group II Enrollment
4. Fire Chef DeSilva Memo Re: Wage Adjustment for Lyle Deane
Pending Group II Enrollment

OLD BUSINESS

1. Policy for Access to Town Property: (PS) You have a DRAFT Policy
which is mainly for Town Hall work areas. (LS) We have a policy
already which was adopted in 2007. I think this one is simpler and
better. (PS) to resurrect old one so Board can rescind it and adopt new
one.
2. Policy for Recruitment and Employment to be Revised Pending
3. Policy for Employee total Compensation Pending
4. Tax Collector/Action by Selectmen/Tax Deed Waivers See Above
5. Appointment of Selectmen to Foss Scholarship Committee : (PS) I
have discussed this with Cara and Board member will try to be present
at meetings according to their schedules. To be deleted from list.
6. Amendment to the Obstructing Streets & Sidewalks Ord: (EN) What is
going on with this one? (PS) Board was considering reviewing
ordinance from Portsmouth. (EN) What about the Waiver for Paul
Rogers and the information from the insurance company? Have they
submitted anything? (PS) to check with insurance company.
7. Skateboards and Bicycles on Sidewalks Pending
8. HSA Re-Inspection Fee: (EN) Since HSA has not pursued it further, and until they come back with a breakdown of the fees, this can be deleted from Old Business.
APPLICATIONS and WARRANTS

1. Supplemental Property Tax Warrant

(LS) Motion to approve Supplemental Property Tax Warrant for $9,926.
(GL) Second. Carried 4-0.

(LS) Is this something that is looked at each year for Rolling Green? (PS) This is something that the assessors picked up.

CHECKS and MANIFESTS

(LS) Motion to approve Accounts Payable and Check Register. (GL) Second. Carried 3-0. (LK) Abstain.

(LS) Motion to approve Payroll and Direct Deposit. (GL) Second.
Carried 3-0. (LK) Abstain.

(GL) Too much overtime.

MINUTES

1. Public Session Minutes of December 4, 2012

(EN) Motion to approve Public Session Minutes of December 4, 2012 with Corrections. (LS) Second. Carried 4-0.

Corrections:

Page 3, Last Paragraph add: There are years like last year with the capital reserve when the Town did not have a lot of money but that was the mutual consensus of everyone and would be different if it was a good year.

Page 7, Helen Schiff should read: I just wanted to thank Paul Rogers and Paul Skowron for ……………….

2. Non-Public Session Minutes of December 4, 2012

(EN) Motion to approve Non-Public Session Minutes of December 4, 2012.
(LS) Second. Carried 4-0.

OTHER

(EN) Next Agenda, we can address Insulation Quotes for Fire Department

(PS) I would like to wish the Board and all a peaceful Christmas. We all have a lot to be thankful for.

PUBLIC INPUT

Adam Gauthier: The Radio Operability Grant for Police Department – is that the radio for the new cruiser? I thought that was included in the cost. (PS) No, it is not. It is for an APX 7000 SB Radio. This will update an existing radio.
Adam Gauthier: So it is not for the cruiser? (PS) No.

Adam Gauthier: The new bid for trash removal is lower than the existing one? (PS) Yes, by 40%.

Adam Gauthier: On Leavitt Road there is a catch basis and there is always a big puddle there. (PS) I have advised George on this but have not heard back yet.

Close Public Input

ADJOURNMENT

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

Meeting adjourned at 8:50 P.M.

Approved: January 2, 2013

______________________________ _______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on December 18, 2012, transcribed and public posted on December 20, 2012.

___________________________________________
Delores A. Fritz, Recording Secretary
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