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

MEETING MINUTES OF TUESDAY, FEBRUARY 5, 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

None.

AGENDA REVIEW

(EN) Status of Home Depot Credit Card; (LK) Overtime Police Department;
(PS) Disposition of 36 Loudon Road, Continued Review of the Draft Town Warrant, Tax Collector/Contract for Deed Research, (Information Items) Report
of Selectmen Representative to Planning Board, Letter from William Smith
Re: Building Inspector – Non-Public and Letter from Concerned Citizen
Re: Building Inspector – Non-Public.

NEW BUSINESS
ACTION ITEMS

1. Disposition of the Questions Submitted by Hank Fitzgerald to the
Board of Selectmen

(LK) Has everyone on Board reviewed the letter sent to Hank Fitzgerald explaining the process to him? Board agreed. (LK) I talked to him and he said he is satisfied with that.

2. Request to Use Town Property to Access the Suncook River to
Trap Fur Bearing Animals

(PS) In your Agenda packet, there is a Permit to Trap submitted by Nicholas Penney, 3 Cram Avenue to trap beaver and other fur bearing animals. He would like permission to access the river by the Joy Street Pump Station. He was told he needs the Town permission before he can be issued the Permit to Trap.

Adam Gauthier: I trap rabbits and have to bring a report to Fish & Game, but I believe beaver is different.

(EN) Motion to deny Nicholas Penney request to access river via Town property. (LS) Second. After Discussion: 2-2. (EN) and (LK) approve motion to deny request and (GL) and (LS) vote to not approve Motion. Motion dies.

Discussion: (LS) What would be the normal procedure for the Town on something like this? (PS) The only experience I have had with this sort of request was to rid beavers from Town property. This is the first time I have had to address a request like this. (EN) Using Town property for this purpose, some people might not like it. (LS) Could we find out a little more about this such as liability, etc? Board agreed to “reconsider” at next Board meeting after additional information is provided by (PS).

3. Board of Selectmen to Consider Recommendation for Abatement
Request (BTLA Settlement Proposal)

(PS) This review from Avitar Assessors is not recommending there be a reduction in the assessment of the property owned by Mr. Cronin from $117,000 to $85,000. (LS) It looks like the assessors are sticking with the original assessment even though it will go to the BTLA.

(LS) Motion to deny the Settlement Agreement for Cronin Realty Trust for Catamount (Tax Map U01, Lot 58). (GL) Second. Carried 4-0.

APPOINTMENT

1. 6:10 P.M. Chief 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 6:29 P.M.

(GL) Motion to seal Non-Public Session of February 6, 2012.
(EN) Second. Carried 4-0.

4. Review of Draft 2013 Town Warrant

(PS) This has been added to the Agenda again which is the latest revision of the Town Warrants. It has been reviewed by DRA and also by Town Attorney. There have been some minor changes to the text and monetary values. What is now Article 22 was one that concerned the Board and now reads:

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 be budgeted for Fire Chief salary and benefits over and above the current part-time Fire Chief salary and benefits, within the 2014 Fire Department budget.

(PS) Other eyes have seen these Warrant Articles and it is “ready to be polished.”

5. Disposition of 36 Loudon Road

(PS) Board has met with Town Attorney to discuss as to how to address
36 Loudon Road. Chairman will open bids. (LK) There is only one bid from Brandon Guida for $41,101 plus the necessary deposit if Board wants to accept the bid.

(LS) Motion to accept the bid of Brandon Giuda in the amount of $41,101 for the purchase of 36 Loudon Road, no other bids having been received. (EN) Second. Carried 4-0.

(LS) Motion to return to Paul Rogers the deposit of $2,600 that he had provided in connection with his response to the Town’s earlier invalid request for bids for the sale of 36 Loudon Road. (EN) Second. Carried 4-0.

Brandon Giuda was present and noted that he would contact Town Administrator in reference to the next step.

6. Continued Review of the Draft Town Warrants

See No. 4 above.

7. Tax Collector – Contract for Deed Research

(PS) Erica has received the renewal contract for 2013 mortgagee search work (Jane Sanders). This is an annual contract and if approved, Chair should be authorized to sign.

(EN) Motion to approve 2013Contract with Independent Contractor with Confidentiality Agreement (Jane Sanders) and authorize Chair to sign contract.
(LS) Second. Carried 4-0.

8. Overtime Coverage – Police Department

(LK) I would like to meet to discuss overtime coverage. We can discuss in Non-Public Session Board the need for legal assistance on this. (LS) I agree that we need counsel as soon as possible. (PS) noted that he would be meeting with counsel later this week. He noted that he had contacted Terri Donovan and she understands that Town is changing legal counsel and is willing to give us a little “breathing room.” Board agreed that they would meet with counsel on Tuesday, February 12th at 5:00 P.M. Public Meeting will commence at 6:00 P.M. after that meeting if attorney can be present that night. (PS) noted that he had requested Police Chief and Fire Chief to respond as to what their overtime procedures were prior to March 12, 2012 in writing and if it does not exist in writing, to make it available in written form. He noted that Chief DeSilva has the preference of requesting approval via E-Mail as to whether overtime could be approved or not. Chief Wharem as of late, had not had an issue in this regard.

INFORMATION ITEMS

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

(GL) As of last night’s meeting, the citizen petitions for
Repeal of the Zoning Ordinances: Planning Board did NOT Recommend (3-0-1)

Frontage: Planning Board Recommend 3-1-0.

2. Letter from William Smith Re: Building Inspector

This will be addressed in Non-Public.

3. Home Depot Credit Card

(EN) What is the status of applying for Home Depot Credit Card? (PS) In process.

OLD BUSINESS

1. Policy for Access to Town Property
(LK) Have we done anything with that ? (PS) Yes. (EN) We are working
on it.
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 Streets & Sidewalks Ord. Pending
6. Skateboards & Bicycles on Sidewalks Pending

APPLICATIONS and WARRANTS

1. Timber Tax Levy Tax Map R26, Lot 19 – $1,628.09

(LS) Motion to approve Timber Tax Levy Tax Map R26. Lot 19 – $1,628.09. (EN) Second. Carried 4-0.

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Session Minutes of January 22, 2013 and January 29, 2013

(EN) Motion to approve Public Session Minutes of January 22, 2013 with Corrections. (LS) Second. Carried 4-0.

Corrections:

Page 6, Paragraph 3: (See Attached) incorrect letter was attached. Correct letter submitted.
Page 9, No. 10 should read: (LK) This is not……..
Page 12, Paragraph 5 should read: ….I wasn’t prepared to do anything else because I was handed this information at the last minutes due to Chairman illness. All the questions and answers were prepared in advance of the meeting.

(EN) Motion to approve Public Session Minutes of January 29, 2013 with Corrections. (LS) Second. Carried 4-0.

Corrections:

Page 6, No. 3 Next to last line should read: Board of Selectmen does not have to…….
Page 7, Last Paragraph First Line should read: (LS) I …….putting that amount of money in that fund.

2. Non-Public Session Minutes of January 22, 2013 and January 29, 2013

(EN) Motion to approve Non-Public Session Minutes of January 22, 2013.
(GL) Second. Carried 4-0.

Non-Public Session Minutes of January 29, 2013 are not yet available.

PUBLIC INPUT

Adam Gauthier: Do you know who filed to run for Board of Selectmen?
(PS) Yes, Eric Nilsson and Al Douglas. What about the tires at the trailer park? (PS) We are working on that.

Fred Hast: What are the back taxes on 36 Loudon Road? (LK) About $46,000. Fred Hast: So, we did not quite get back all the back taxes? Who was the one on the Planning Board who voted against the Frontage citizen petition? (GL) noted that he had voted not to recommend it. I did not vote for it last time and according to Ted Mitchell it is the same as it was last year.

Fred Hast: If we ask for a copy of something, we are charged $.50. Why is the cost of a copy so much? (EN) To offset the cost of the paper and administration. (LS) Other places charge more. Fred Hast: The past Board did not charge. The information should be public information. (LS) You can come in and review it for free. Fred Hast: People do not have the time to come in; people are working. (LK) As long as we are charging the “average” price, then there is no problem.

Fred Hast: The letter Ms. Small put in the Minutes regarding legal fees, we have had previous battles concerning FMLA and we spent $20,000 on that. I then said it was wrong and it was proven to be wrong. We voted for special details at the Town Meeting and that was shot down. The Fire and Ambulance paid for overtime is tax money. They lost two transports and you are talking about
$600 – $700 a transport. We lost it. Fred Hast: You are going to hire a different attorney? (LK) Yes, that is public knowledge though she has not yet accepted the offer.

NON-PUBLIC SESSION

(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 7:05 P.M.

Board returned to Public Sessi0n at 7:27 P.M.

ADJOURNMENT

(GL) Motion to adjourn. (EN) second. Carried 4-0.

Meeting adjourned at 7:30 P.M.

Approved: February 12, 2013

_____________________________ ________________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on February 5, 2013, transcribed and publicly posted on February 7, 2012.

_____________________________________________
Delores A. Fritz, Recording Secretary
I Tape/No Attachments