February 19, 2013 Minutes

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

MEETING MINUTES OF TUESDAY FEBRUARY 19, 2013

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,
Eric Nilsson (EN), Paul Skowron (PS), Town Administrator, and Delores
Fritz, Recording Secretary.

MEMBERS ABSENT

Paul Rogers (PR) and Gerard LeDuc (GL)

PUBLIC INPUT

Fred Hast: I am trying to get a hold of the Town Budget and I am not going to pay fifty cents per page. It is not on the Website. (PS) We do not put the Budget on the Website line by line. Fred Hast: I wanted to see where you saved the $125,000. I cannot afford to get paper copies; I do not make $35 an hour like
some people.

Fred Hast: The gentleman who requested approval to access the Suncook River for trapping – how many people go on Town property every day of the year to hunt and fish? This man went before you to ask you to take it under consideration. (EN) I had some concerns. (It was noted that this is on the Agenda for tonight.)

Fred Hast: Under Old Business on the Agenda, No. 4, that has been on there for five to six months. When are you going to take action on that? Also No. 6, there are skateboarders and bicycles on the sidewalk, what about the roads. They do not get out of your way. You should do something about that. I tried to get the Police Department to do something but they are too busy.

Fred Hast: What is Total Compensation? (PS) It is a policy the Board would like to adopt that would provide on an annual basis all the information to each employee regarding the cost of their benefits so that they can understand the costs to the Town of their benefits. Fred Hast: That has been on the Agenda for five or six months.

Close Public Input

AGENDA REVIEW

(LK) BI Issues/Concerns

APPOINTMENTS

1. 6:10 P.M.: Merrill Vaughan

Merrill Vaughan was present and provided copies to the Board of his presentation pertaining to his appeal of ZBA funding denial. (See attached.)

(LK) Merrill, from my understanding you came before the Board for waiver of Building Permit fees. (EN) These are the only fees I would want to waive and not any fees that would be costs to the Town. (LS) I would not want Town to absorb any costs. Mr. Vaughan explained that the American Legion does not have that amount of money in their accounts. He reiterated several times the need for a policy in writing of how an organization or individual can proceed to have fees waived. (LK) The majority of the Board said “No.” Mr. Vaughan related that it is difficult for veterans to get into the post if they are in wheelchairs or handicapped. Mr. Vaughan felt that this procedure should be somewhere in writing so individuals would not be so confused.

Jesse Pacheco, Building Inspector: Permit fees usually get waived by Board. I told Merrill he would have to go before the Zoning Board. Mr. Vaughan noted again that a small pamphlet should be available. (PS) I think I can offer an explanation to your question. What it boils down to is a policy or philosophy that in the past the Town has not and is not prepared to waive ZBA fees. There is no process. We do not allow waivers for fees and there is nothing in writing. Mr. Vaughan: This Board wasted two appointments on this one subject. (PS) I have never known anyone to not pay the fees for land use. (LS) I have never known the Board to waive these types of fees.

Fred Hast: What he is asking for is a waiver for the fees for the Zoning Board. This has been done at least two or more times and depends on the Board. I would like to be of help to people and I care about the Legion. Town forgets that the Legion had the second grade in there for two years. This is a non-profit organization and for a $100 should do it. This Board has thrown away $100. There are instances when fees were waived. In the meantime, I assume the post wants the work done. (LK) I was in favor of waiving the fees. (PS) Perhaps, Fred and Merrill could do some research and find instances where the fees were waived.

NEW BUSINESS
ACTION ITEMS

1. Ratification of Overtime Past Practice

(PS) In your package there is an E-Mail from Atty.Deragon who as you know was retained by the Board to work on specific labor issues. This is associated with the PERLB decision. She is recommending that the Board take action as outlined.

(LK) Motion that Board wishes to clarify the procedure for the allocation of overtime as applied to AFT and/or Teamsters personnel: overtime should be offered on a rotating basis by seniority – to full-time personnel in the first instance, then to part-time personnel. If you have any questions about the overtime allocation procedures, you are encouraged to contact the Board Chair Larry Konopka. (EN) Second.

Discussion: (LS) noted she did not agree with the directive and believes approving the directive will create a past practice (in the Teamsters contract). She also indicated that her preference would be to have Town Administrator as contact person. I agree and support using counsel to work on the contracts but not to represent employees. I do not know why we would want to create another past practice. (EN) We are not creating a past practice, it is already there. This is just clarifying past practices so we know what the practice is.

(LS) We had a general consensus about this. (EN) Yes, and this is what Atty. Deragon has suggested. (LK) I thought a clear directive was needed.
(LS) We have enough past practices. It is wrong. (LK) People need to know what past practice is. (LS) Do we have something in writing about this past practice? (LK) I think if you have any questions and are confused about this, you can contact Atty. Deragon to explain the reasoning for this.

(EN) Remember we said we were going to stick with what was there and just add a few words to it because we had a problem with the wording. It was to clarify the directive because the directive was wrong. (LS) I do not agree with the directive; it is wrong. Once we sign this directive we have created a past practice and we will be grieved by the Teamsters.

POINT OF ORDER called by (EN). Can I just read from the Settlement Agreement., No. l: ……. As it relates to the police department sergeants they shall be offered overtime first as full-time employees on the basis of seniority and on a rotating basis for all police department shifts consistent with the past practice in effect before March 21, 2012.

(LS) What is the need for this directive? (EN) It clarifies it.

Break 6:35 P.M. Resume 6:41 P.M.

(LK) I would like to table this until our next meeting and have Atty. Deragon come in and clarify the reason why she is requesting this. We will try to provide her with this discussion. Is the Board ok with that? Board agreed.

Board agreed to schedule her for next week February 26, 2013 at 5:00 P.M.

(LS) Reading from Article 12 (See attached). This directive by this Board is looking to approve the direct opposite. That’s the reason why I have a problem with it. We have not been grieved by the Teamsters on the directive that we gave.

(LK) Withdraw Motion. (EN) Withdraw Second.

2. Remedial Training for Department Heads for Proper Procedures for Time Sheet Review

(PS) This subject arose last week regarding payroll. The upshot of this is that periodically Cara has to adjust timesheets because people do not add correctly, charged leave time or wrong leave time correctly. Our attorney has noted that Cara cannot “tinker” with any of the numbers above the area “For Office Use Only.” So it appears that Department Heads may be signing off on timesheets but need to learn how to fill them out and calculate the numbers on the timesheets. We have checked with the Department of Labor on this. I will not inject any comments on timesheets in the future. This is between Cara and the Department Heads.
(LS) Employees should sign the timesheets.

(EN) How are we as a Board supposed to review these timesheets if we are not getting the schedules for the departments? How are we supposed to know what their schedules are? (PS) I cannot speak for the departments. (LS) That is one of the reasons we have requested to have these schedules.

3. Kentek Request to Participate in RSA 79:E

(PS) A number of years ago at a Town Meeting RSA 79E was adopted which offers tax relief benefits to purchase and renovate properties (in down town area). Kentek is a laser business which has recently moved to 32 Broadway location and combining their operations. There are a number of steps to accomplish this. Matt Monahan and Tom MacMullin, President and Owner of Kentek have been working on this and have offered a timetable for the sequence of events to take place. This will be accomplished step-by-step with the help of Matt Monahan. (EN) I have spoken with Matt Monahan and Board should acknowledge receipt of this request today which should be accomplished by the end of March or beginning of April. A Public Hearing is required but no Motion is necessary tonight.

4. Review of Draft 2013 Town Warrant

(PS) Hopefully this is the last time that the Board will have to inject its opinion on the Town Warrants. On No. 21 which addresses a full-time Fire Chief it will read:

Article 21: Do the voters of Pittsfield wish to retain a full time Fire Chief effective January 1, 2014 in accordance with the intent of the action taken at the 2005 Town Meeting?; a full time Fire Chief will require that an additional $45,568 to be budgeted for the Fire Chief salary and benefits, over and above the current part time Fire Chief salary and benefits, within the 2014 Fire Department budget.

(LS) Motion to approve new wording as noted by Town Counsel. (EN) Second. Carried 3-0.

5. Department of Environmental Management Request to Conduct Study

(PS) There is a letter from the DES asking Pittsfield to allow them to conduct a survey along the Suncook River of the Fluvial Erosion Hazard. This would benefit any requests for future grant money. (LS) I am not for it. (EN) I would not be for this either.

Request dies because of lack of Motion.

6. Capitol Alarm Contract (Eric Nilsson to Report on Basement System Installation

(PS) You have the Subscriber’s Agreement for Capitol Alarm Systems for a three year term. This is time sensitive and they are concerned that Pittsfield will not be entering into an agreement. I signed this and sent a copy over to them. They have talked to Eric about this when they were here to do the alarm testing. This will require authorization by the Board for me to sign the Subscriber’s Agreement.

(EN) Motion to approve Town Administrator signing the Subscriber Agreement for Capitol Alarm Systems. (LS) Second. Carried 3-0.

Discussion: (EN) When they were here, we walked around downstairs and they agreed to provide a work-up of the cost to install a keypad on the door and the other issues we addressed previously. We are awaiting the estimate from them.

APPOINTMENTS – Continued

7:00 P.M.: Fire Chief DeSilva

Chief DeSilva: I am addressing the payment settlement for the Fire Fighters Union as they are concerned where the payment is. (LK) Board had thought that these monies were encumbered, but were not, so we are checking on it. (LS) By law, this is a 2012 expenditure not an encumbrance. It is a liability. (PS) I will let you know. The Union members say that it makes sense but it is the attorneys that are thinking not.

(EN) How is the Fire Department? Chief DeSilva: Warm and dry.
We checked with Home Depot today and the credit card account is inactive.
(EN) We are working on that.

ACTION ITEMS – Continued

7. Recommendation Letter

(PS) The Chair requested a draft letter of recommendation on behalf of Welfare Director. (LK) Is everyone okay with it? Board agreed.

(EN) Motion to approve recommendation letter for Welfare Director.
(LS) Second. Carried 3-0.

Chair signed letter.

8. Public Hearing Date for Acceptance of Gift-Sanderson Fund

(PS) In your added items there is gift of $9,000 to be provided by the Sanderson Fund to the Police Department for two or three different programs. The Police Chief has requested Board schedule the Public Hearing for these gifts. Board agreed on March 19th.

9. Home Depot Account/Designation of Card Holders

(PS) Since Chief DeSilva noted that the Lenny Deane’s card is no longer active, the Board needs to designate who the cardholders will be.

(LS) Motion to designate Home Depot cardholders to be Chief Robert Wharem, Chief John DeSilva, George Bachelder, Ron Vien and Jesse Pacheco.
(EN) Second. Carried 3-0.

APPOINTMENTS – Continued

7:15 P.M.: Bill Smith Re: Building Permits

Bill Smith: I am trying to get a Building Permit for a 20 x 30 ft. garage. I have not received anything from the Town. Why can’t I do this? I sent a check which was not returned. I have heard nothing from the Town as for the reason for this. It is now going on two months. I also sent a packet of information on the building. The architects and the engineers see no reason why I cannot put the structure up.

Jesse Pacheco, Building Inspector: When the application came in, Bill met with me and explained about the building which was originally to be located at the other location which he had from 2006. He currently wants to move his business from Northwood to his private residence lot. I informed him that he needed to go to the ZBA and would need drawings. The drawings are not complete. I talked to Bill and his wife. We addressed it being placed on a slab, the drawing, and application which were not complete. I spoke to Paul about this and agreed I could not go forward until I had received all the paperwork. I also addressed with Bill the roof snow load. My last conversation with Bill noted that he would come in and we would talk about it. I do have the check but the amounts are not right.

Bill Smith: I called on that Friday and never heard back from him. He noted that because of the request for a foundation, it is costing him quite a bit more money when a slab would have been sufficient. I requested in writing that he tell me why I cannot put the building up. According to everything we have, there is no reason why the building cannot be there. This project has been going on for two months now. I was told by the Town Administrator that I could not come to this meeting unless I contacted him in writing. I am up against the Town Administrator and the Building Inspector and have nothing in writing. I did not realize that all this would be an issue. (LK) Bill, fill out the application. Mr. Smith: I did that. Building Inspector: This is an application for a residential garage. (Mr. Smith’s previous check was returned to him.)

(LK) Perhaps, someone from another Town can work with Bill or maybe Louis Berger Group, which are the engineers the Town uses, can assist you in reviewing the building. Jesse can help you find someone to help with the Building Permits maybe from Barnstead or another surrounding town that knows the area. Mr. Smith was agreeable with this and it was noted by the Board that Jesse Pacheco would be the “lead” building inspector and work with the others on this project for Mr. Smith.

(PS) Before Mr. and Mrs. Smith leave tonight, it should be noted that my recollection of our conversation is not the same as Mr. Smith’s.

(LK) As I noted, Jesse will work with the “other Building Inspector” and/or engineer but will oversee the project. Jesse Pacheco: If a person comes in and does not want to follow the rules and gives us a hard time, and ends up utilizing another Building Inspector who might be more lax, then the person will be upset and we would have a problem. (LK) When they get an engineering firm, I am sure they will stand behind you.

Break: 7:35 P.M. Resume: 7:40 P.M.

ACTION ITEMS – Continued

10. Use of Town Property – Nicholas Penney

(EN) My concerns in reference to crossing Town property to trap in the Suncook River, I think have all been answered.

Nicholas Penney: I was asking for permission to access the river. The traps will be in the river. I know you had concerns about the kids. I just need a place to park to get my stuff into the river. I live locally and would just like permission from the Town to do this. I would like it to be okay with the Town. I called Fish & Game and they suggested I contact the Town. (LK) The trapping will be over in March? Mr. Penney: Yes, March 31st. (LK) I was concerned about it being done in Town and the kids. Mr. Penney: I also could use the area on Dowboro. Adam Gauthier: He would be using waders and no kids would really be in the river.

(LS) Motion to authorize Nicholas Penney to use Town property on Dowboro Road (old BelCastro Pit area) for trapping. (EN) Second. Carried 3-0.

INFORMATION ITEMS

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

None. Selectmen LeDuc is not present tonight.

2. Timetable for Acting on Kentek RSA 79:E Application

See No. 3 above – Action Items.

3. Additional Information from Kentek

See No. 3 above – Action Items.

OLD BUSINESS

1. Policy for Access to Town Property Pending
2. Policy for Recruitment & Employment – Revised Pending
3. Policy for Employee Total Compensation Pending
4. Tax Collector/Action by BOS/Tax Deed Waivers Pending
5. Amendment to the Obstructing Sts. & Sidewalk Ord. Pending
6. Skateboards and Bicycles on Sidewalks

(EN) Motion to remove No. 6 from Old Business – Skateboards and Bicycles on Sidewalks. (LS) Second. Carried 3-0.

7. Request to use Town Property See Action Items No. 10 above.

(LK) Paul could you check with insurance about trapping on Town property? (PS) to do.

(PS) Just to update the Board, I have asked Town Clerk for an updated list of delinquent tax accounts. She has already done this once, but with the new list, you will note that a lot of names have been “crossed off.”

(LK) How does the Board feel about auctioning off properties instead of asking for sealed bids? Board agreed to auction properties.

APPLICATIONS and WARRANTS

1. Intent to Cut Tax Map R18, Lot 3

(LS) Motion to approve Intent to Cut Tax Map R18, Lot 3. (EN) Second. Carried 3-0.

2. Application for Veteran’s Credit Tax Map R15, Lot 3-T

(LS) Motion to deny application for Veteran’s Credit Tax Map R15, Lot 3-T because individual does not qualify. (EN) Second. Carried 3-0.

CHECKS and MANIFESTS

(LS) Motion to approve Accounts Payable and Checks Register. (EN) Second. Carried 2-0. (EN) Abstain.

(LS) Motion to approve Payroll and Direct Deposit. (EN) Second. Carried 2-0. (EN) Abstain.

MINUTES

1. Public Session February 12, 2013

(EN) Motion to approve Public Session Minutes of February 12, 2013.
(LS) Second. Carried 3-0.

2. Non-Public Session Minutes of February 12, 2013

(EN) Motion to approve Non-Public Session Minutes of February 12, 2013.
(LS) Second. Carried 3-0.

ACTION ITEMS – Continued

11. Jesse Pacheco Letter Re: Paul Rogers

Jesse Pacheco: The Planning Board Rules of Procedure No. 10 states (See attached). What ended up happening was Mr. Rogers submitted a Waiver and it never came before me. I heard about it through “coffee shop” talk later but he came in and it was waived by the Planning Board for the new Jitters location.

I have asked Paul Rogers numerous times for drawings for the new Jitters and have not seen any and now he is applying for a Variance through the Zoning Board. I am waiting for him to bring in all this information and have called him several times and now I am told he will draw them himself. I cannot tell him that walls are/are not weight bearing without the plans. I need the drawings for this. How can I give him a Building Permit? I am not trying to stop him or delay him but this would be part of the process. He keeps stating that he misunderstands what I am telling him. He is designing the kitchen himself. Are we doing it the way we are supposed to? Paul Rogers has talked to Matt Monahan.

(EN) He should follow the chain of command. Jesse Pacheco: He has the Waiver from the Planning Board. (LS) If you are not comfortable, do not issue the Building Permits until you get what you need. Jesse Pacheco: He said that the State would not require a drawing. (LK) Anything that goes to the ZBA must go through the Building Inspector. (LS) We do not have jurisdiction, but we could put out a FYI Memo to the Planning Board.

Jesse Pacheco left at 8:17 P.M.

PUBLIC INPUT

Adam Gauthier: Are the Minutes from February 14th available? (Minutes are pending.) On the Timber Cut for 61 Ingalls Road, did George go out there?
(PS) The Police Chief talked to the logger. Adam Gauthier: Are taxes owed on the property? (PS) My guess would be Yes. Adam Gauthier: You had talked about a signal on 107, is that installed yet? (PS) No, not yet. (PS) to follow up. Adam Gauthier: The Town shed – the roof was pushed off of the shed but the area is not cleaned up yet. (PS) I will send the Building Inspector out to look at it. This could be a safety issue.

Jesse Pacheco: We have a list of buildings that Public Service is going around taking out the meters.

Fred Hast: The Town Warrant regarding the Fire Chief, the Town Meeting is in three weeks. Why can’t it be on the ballot in 2013 instead of 2014? (PS) Because of time constraints; it is only nine months till 2014 if the voters say they want a full-time Fire Chief for 2014. Fred Hast: We can do it quicker. (LS) This Board did not want to authorize the monies but wanted Town to vote on it.

Fred Hast: On No. 6 of Old Business, you talked about taking it off the Agenda. What are you doing about it? I almost hit two people. (EN) We have plenty of ordinances and it is a matter of getting them enforced. What is the value?
Fred Hast: Everyone is complaining. (LK) Fred, send a memo to the Police Chief about what can be done about the skateboarders. Fred Hast: Board should write letter to Dennis Volpe who owns building they live in. (LK) You can pass that over to the Police Department also.

Fred Hast: The traffic lights on 107 and 28 – do not push it, just leave it alone. It will make people ugly.

Fred Hast: So the money is in there if they vote for it? (PS) It will be in 2014. Fred Hast: Last year I had questioned about calls between 10:00 P.M. and
6:00 A.M. – 51 calls at a cost of $86,000. That is a lot of money wasted. (LK) suggested he talk to Chief DeSilva and make him aware of this. Fred Hast: They should consider cutting out two people and saving the money.

Close Public Input

ADJOURNMENT

(EN) Motion to adjourn. (LS) Second. Carried 3-0.

Meeting adjourned at 8:35 P.M.

Approved: March 26, 2013

_____________________________ _______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded on February 19, 2013, transcribed and public posted on February 28, 2013.
3/6/13: Minutes revised and re-posted.

______________________________________________
Delores A. Fritz, Recording Secretary

II Tapes
Attachments (3)