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

MEETING MINUTES OF TUESDAY FEBRUARY 26, 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,
Gerard LeDuc (GL), Eric Nilsson (EN), Paul Skowron (PS), Town
Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

Paul Rogers (PR)

PUBLIC INPUT

Fred Hast: On February 14th you had a special meeting, explain what that was about. (PS) explained it was for a Timber Tax Levy for property at 61 Ingalls Road. Fred Hast: How much? (PS) About $20. Fred Hast: How much was paid to the attorney. (PS) I do not know yet. Fred Hast: With all your expertise you should know how to do it. It is costing us big bucks. (PS) We presented what Town Attorney supported. Fred Hast: Why didn’t you call the Forester? (PS) We did but he was not able to get there for a couple of days. Fred Hast: You people depend upon the attorney too much. With all your expertise, you people should have been able to do something.

Fred Hast: Under Old Business No. 5: Amendment to the Obstructing Streets and Sidewalks Ordinance. How come on that one you don’t include skateboards? (LK) We have not discussed that yet. Fred Hast: That’s almost truthful.
Fred Hast: What about No. 4: Tax Collector/Action by Selectmen/Tax Deed Waivers? (PS) We are waiting for the closing on 36 Loudon Road. Fred Hast: When is it? (PS) I do not know. It has not been set yet. It is between Brandon Guida and Town Attorney. Fred Hast: It should be within thirty (30) days – that is standard. Some at thirty (30) days and some are forty-five (45) days.

Adam Gauthier: The reason there was a rush on the Timber Tax Levy was that the house was going up for foreclosure on February 18th. It was cut on a Tuesday and going up for auction the next Monday.

Fred Hast: That is an expensive process for the taxpayer. (EN) The person never came in to get a timber cut form. That is why we did it. We had to do it before the foreclosure. Fred Hast: That makes it double the cost.

Close Public Input

AGENDA REVIEW

(EN) Past Practice Re: Holiday Requests, Salt – Town Buildings; (LS) Police Department Schedule for February and March; Part-Time Hours – Police Officers, Letter Owen David, Grant for Digital Radio – PD; (LK) Planning Board Letter to Board of Selectmen; (PS) Chief DeSilva Change in Work Hours, State Inspection Station/Code Enforcement Officer.

APPOINTMENTS

6:10 P.M. – Police Chief Robert Wharem/Personnel Matter

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

Board went into Non-Public Session at 6:10 P.M.

Board returned to Public Session at 6:33 P.M.

(EN) Motion to seal Non-Public Session Minutes of February 26, 2013.
(LS) Second. Carried 4-0.

NEW BUSINESS
ACTION ITEMS

2. Change of Work Hours – Chief DeSilva

Fire Chief DeSilva and Nicholas Abell were present for the meeting.

Chief DeSilva: I believe you have all received a copy of my E-Mail. I have been offered and have accepted a position as Emergency Manager which is going to offer me benefits. I will, therefore, be in the Fire Station on Tuesdays and Thursdays. Obviously, Pittsfield needs someone more than sixteen hours a week.

I would suggest starting to advertise for a part-time Fire Chief and I will be able to help you go over the resumes and helping with the transition. My end date is March 30th.

(LS) Thank you for all you have done and your quality of service.

Chief DeSilva: He suggested rather than going through LGC to conduct interviews, etc. that since Town is pulling from a local area, that it could easily be done by advertising in The Sun, LGC and the State Fire Academy. (LS) We should get this rolling sooner rather than later. The sooner the better.

Board suggested that Nicholas Abell could fill in as the Interim Fire Chief to which he was agreeable. Chief DeSilva offered to assist him in this endeavor in regard to the paperwork training. (LK) Anything the Board can do to assist you, Nick, we will be glad to do. (LS) We appreciate your willingness to do this. (GL) We need to move quickly on this. Thirty days is not enough time. (EN) We could have this all lined up by next Tuesday. (LK) Paul and Chief DeSilva could work out a formula for this ad. Chief DeSilva: Yes, I will work with Paul on this.

Fire Chief DeSilva and Nick Abell left meeting at 6:47 P.M.

1. Ratification of Overtime Past Practice

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

Board went into Non-Public Session at 6:55 P.M.

Board returned to Public Session at 7:18 P.M.

(EN) Motion to seal Non-Public Session of February 26, 2013.
(LS) Second. Carried 4-0.

(EN) Motion 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, please contact the Town Administrator. (GL) Second. After Discussion: Carried 3-1 (LS).

Discussion: (LS) I would like to gently state for the record that I believe this directive will compromise management’s rights in the Teamsters contract because it is contrary to current language. Therefore, I do not believe it is in the best interest of the Town and I will not be supporting it. (LK) This is highly recommended by legal counsel given to the Board. I will support it.

(PS) to notify Department Heads.

3. Planning Board Letter to Board of Selectmen

(LK) For the Driveway Permit, Stage Coach Subdivision, the Planning Board is asking Board to review the original application and RSA 674:41 before renewal is granted.

(PS) I understand that the Driveway Permit was executed in 2007 by the Board. In one of Atty. Spector’s comments, she recommended that the Board hold a Public Hearing. The revised Driveway Permit, AHG was filed with the Town through McCourt Engineering. Communication with Atty. Spector notes that nowhere in the Statutes does it indicate that a Public Hearing is required. I have suggested to Atty. Spector to discuss with AHG attorney, Atty. Sullivan and then discuss with Chair so this is done correctly. I am unaware if she has discussed with Chair. (LK) She has suggested a Public Hearing but Board will have to agree to this. So, does the Board want to have a Public Hearing or not? (GL) It is okay to have a Public Hearing but with this Planning Board we will have to make sure everything is okay. Board agreed. (LK) Town Administrator is directed to schedule a Public Hearing before any decision on AHG Subdivision is made.
(GL) The request will have to come from AHG.

4. Salting Town Buildings

(EN) We should send a reminder out to Department Head that area around Town buildings should be salted and taken care of. Check with George for supplies and keep barrels full.

5. Police Chief Wharem Vacation Carryover

(LK) Due to shortness of personnel, Chief Wharem needs an extension of his vacation time. (EN) We can do sixty (60) days and look at it again then.

(GL) Motion to extend vacation carryover for Police Chief Wharem for sixty (60) days. (EN) Second. Carried 4-0.

INFORMATION ITEMS

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

(GL) The Planning Board has sent a list of what Board of Selectmen have to do and not done. There has been massive research with the engineers in regard to bonding. I advise the Board to take a good look at the letter. (LK) We have counsel to help us with that. The Town Counsel has answered every question that the Planning Board gave her. (GL) The bonding costs that were suggested in 2007 are different today. After talking with George, he noted that he would like Town Engineer to oversee the project if it is passed. The engineers know what they are looking at. (LK) George should oversee the Louis Berger Group. (GL) This project is going to take years.

2. Waiver – Planning Board Re: Jitters Café

(EN) At a meeting a couple of weeks ago, a Waiver was granted to Jitters Café. How did they do that? How did it get messed up? (LS) If they got it at the last minute, why would they approve it?

3. Past Practice Re: Holiday Pay

(EN) What is the past practice regarding holiday pay. (PS) This is the first time since I have been here that this has occurred. In the Contract, an employee can “bank” holiday pay and not get paid for it on the holiday. (EN) I did not understand this. (PS) They would get paid straight time.

4. Police Department Schedules for February and March

(LS) Paul, do you have them? (PS) No, I have none but I will contact the Police Chief. (LS) I have asked for this before. The Board has requested this on numerous occasions.

5. Part-Time Officers Hours

(LS) Can we ask the part-time officers to be scheduled on a routine basis? There are no part-time hours on the books. We paid for the training, certification and uniforms. (PS) will check with Chief Wharem.

6. Letter – Owen David Re: Dog Leash Law and Animal Control

(LS) The letter Board received dated February 6, 2013 concerning the Dog Leash Law and Animal Control, has a copy of this been sent to the Police Chief?
(PS) Yes. (LS) Wayne Paul has noted that there is also quite a problem with this. (EN) This, and skateboarders is all Police Department enforcement.

7. Police Department Grant for Digital Radios

(LS) Has the Town ever received the grant monies for the Police Department digital radios? (PS) to check.

8. State Inspection Code Enforcement

(EN) I spoke to the Building Inspector; this was something that was conceptually addressed a while ago concerning a storage area and garage (211 Dowboro Road). There are concerns that they not put another business in the storage area. Can Jesse contact Laura Spector to address this with her? (LK) I suggest that he put something in writing to Laura first and then contact her. Board agreed.

9. Paul Rogers Attendance

(EN) Do we have the status of Paul Rogers’ attendance? (PS) No.

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. & Sidewalks Ord. Pending

APPLICATIONS and WARRANTS

1. Sewer Warrant Fourth Quarter – 2012 in the amount of $92,515.22

(LS) Motion to approve Sewer Warrant Fourth Quarter – 2012 for $92,515.22. (GL) Second. Carried 4-0.

MINUTES

1. Public Session Minutes of February 14, 2013

(EN) Motion to approve Public Session Minutes of February 14, 2013.
(GL) Second. Carried 3-0 (LS) Abstain.

CHECKS and MANIFESTS

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

Discussion: (GL) While reviewing the checks, I noticed that there was a check missing. (PS) to check.

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

PUBLIC INPUT

Maurice Wells: You have a Town employee that is out on paid administrative leave. I would like to find out who voted for that. (PS) We do not have anyone out on paid administrative leave. We do have someone out on unpaid administrative leave.

Maurice Wells: Spruce Street is getting more and more narrower. Can George widen that out? (PS) to check. (LK) That new blower that George has is so improved and works well.

Adam Gauthier: The apartment next to Danis is also has the problem as noted in the letter from Owen Brown.

Close Public Input

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 7:55 P.M.

Board returned to Pubic Session at 8:15 P.M.

(GL) Motion to seal Non-Public Session Minutes of February 26, 2013.
(EN) Second. Carried 4-0.

ADJOURNMENT

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

Meeting adjourned at 8:20 P.M.

Approved: March 5, 3013

____________________________ ______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on February 26, 2013, transcribed and public posted on February 28, 2013.

___________________________________________
Delores A. Fritz, Recording Secretary

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