January 8, 2013 Minutes

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

MEETING MINUTES OF TUESDAY JANUARY 8, 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,
Paul Rogers (PR), Eric Nilsson (EN), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

Gerard LeDuc (GL)

PUBLIC INPUT

Maurice Wells: Isn’t the meeting supposed to be posted in two places. (PS) The meeting is posted at the Town Hall and on the Website. There is no State Law that denotes that it has to be posted in two places.

Maurice Wells: The winter parking ban – is that noted in the paper? I have a neighbor who parked his car on the street overnight as he didn’t realize there was a winter parking ban. (PS) Cara and George get together and decide on the dates and it is in the newspaper and posted at the Town Hall.

Maurice Wells: Pushing snow into the street, isn’t that illegal? (PS) If it becomes a hazard to transportation or pedestrians, it can become an issue.

Maurice Wells: The firing range – did anyone ever look into whether the Town is covered for liability? (PS) I thought we had a letter from the insurance carrier concerning that. I can get you a copy. Maurice Wells: What is a pole license? (PS) explained the process of approval of pole licenses usually for Public Service of NH. Maurice Wells: The sewer abatement that was approved in the Minutes of December 18th, where was that? Could you send me the address? What about carrying over vacation time? The Board did away with that about four to five years ago. (PS) There is a cap which you can carry over but the approval can be given by the Board to carry over additional time based on unusual circumstances.

Maurice Wells: The Municipal Buildings Expendable Trust – why not use that for the Library? (PS) That fund is for buildings repairs such as the new roof for the Fire Department for $30,000, but there is not sufficient funds remaining at this juncture to cover the renovation at the Library which is about $60,000.

Mr. Wells also noted that his paperboy was prosecuted for a vehicle violation at 4:00 A.M. in the morning while delivering the paper near his home and had to go to driving school.

Rick Wiltshire: I am here today to request a copy of the decision on the Unfair Labor settlement concerning Details. (PS) Yes. Mr. Wiltshire requested a copy be mailed to him.

Fred Hast: I notice on the Agenda the Action Item No. 1. Fire Department Inspection of 30-32 Main Street. (LK) That was really about the Waiver request for sidewalk ordinance. Fred Hast: I am bringing up the inspection. They were given extended time twice and it should have been done by now. (LK) You can set up an appointment to talk to the Town Administrator. This would be through the Fire Department. I do not have an answer tonight.

Close Public Input

APPOINTMENTS

6:10 P.M.: Ron Joy – Rise Again Outreach Bus

Ron Joy: Thank you for taking the time to see me. He explained the Rise Again Outreach Program (see attached). He related that they are fully insured and if approved they were considering a spot on Park Street near Dustin Park. The bus contains clothing, personal items, and non-perishable food. (EN) Chief Wharem, since you are present tonight, do you see any issue with this. Chief Wharem: No. (LK) What other towns do you visit? Mr. Joy: We are in Laconia, Franklin, Concord, Manchester and Loudon. Everything we have is for free. (EN) We could try it out as long as they are insured and we have that information. What day of the week are you thinking of? Mr. Joy: It is necessary that I discuss with the other volunteers but it would probably be on a certain Saturday of each month beginning sometime in February. (LK) The Board will be addressing this later tonight and you can get back to the Town Administrator with the insurance information.

AGENDA REVIEW

(EN) Larry Berube – Driveways, Library Warrant Article, Rocky Ridge Road – Demolition of Structure, Sewer Service Contract, Letter from Citizen; (LK) BOS Protocol

APPOINTMENTS – CONTINUED:

6:20 P.M. – Chief Wharem and Brandon Walker
Appointment of Full-Time Police Officer

Chief Wharem: I am here tonight to present Brandon Walker to the Board of Selectmen as a full-time police officer employee of the Town of Pittsfield. He has completed all the testing and currently is a part-time officer in the Town of South Hampton for ten years. He has family in this area and has always wanted to be a full-time police officer. He has completed the Employment Contract today for a three year agreement at a cost of $20,824 and understands the rationale should this not be completed. Chief Wharem explained the training and orientation process and noted that he felt that Mr. Walker would be a good fit for the Town.

Mr. Walker noted he was happy to be “coming on board” in this endeavor and looks forward to working with the Town of Pittsfield.

(LS) Motion to authorize hiring of Brandon Walker as full-time Police Officer. (PR) Second. Carried 4-0.

Board signed the authorization for employment.

NEW BUSINESS
ACTION ITEMS

8. Request to Carry Over Vacation Hours

Chief Wharem noted he would like to carry over the vacation hours he has remaining. There were a lot of cases and lack of coverage which resulted in his working a lot of extra hours and did not have the opportunity to take his vacation time. He related that he wanted to get the schedule straightened out and would be using the vacation time before the end of February. My biggest concern was overtime. I would like to have the time off.

(PR) Motion to approve Chief Wharem carrying over 37 hours vacation time to be used no later than February 2013. (EN) Second. Carried 4-0.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 6:27 P.M.

Board returned to Public Session at 6:41 P.M.

(LS) Motion to seal Non-Public Session Minutes of January 8, 2013.
(EN) Second. Carried 4-0.

NEW BUSINESS – ACTION ITEMS CONTINUED

2. Review of Warrant Article Re: Housing Standards Ordinance

Chief DeSilva reviewed the Warrant Article pertaining to Housing Standards. He noted that he is in favor of having the HSA under the authority of the Fire Department because it is closely linked to the fire codes. Board of Selectmen would appoint the individual and he would report to Board of Selectman and Fire Department. (PS) noted that it does not require a Public Hearing but it might be reasonable to have one but for informational purposes. (PS) will draft and Laura Spector to review. (See Page 9. For Motion.)

3. Full Time and Part Time Appointments to Fire Department

Chief DeSilva: Pete Pszynoski will be starting full time the week of January 20th as FF/EMT Intermediate; Ken White as FF/EMT Basic and Greg Aucoin will be starting Per Diem.

(PR) Do we have to adjust the figures for the Budget? Chief DeSilva: It will not be going above the current budget lines.

(LS) Motion to approve Peter Pszynoski as full time FF/EMT Intermediate, Kenneth White as full-time FF/EMT Basic and Greg Aucoin per diem.
(PR) Second. Carried 4-0.

7. Fire Chief Request to Attend Trade Show

Chief DeSilva: We have been given the opportunity to attend a Trade Show in Orlando, actually for three individuals, for an all-expense paid trip which will pertain to municipalities. There are various seminars on Public Safety and other matters which I understand from Nick Abell would be extremely beneficial. The trade show would be from March 10-14 (Sunday through Thursday). The other issue would relate to whether this would be a paid attendance.

(LS) Motion to authorize Chief DeSilva, Nick Abell and one other individual to attend the Grainger Trade Show in Orlando March 10-14, 2013. (EN) Second. Carried 4-0.

(PS) The other issue would be determination as to paid attendance and if another full-time individual attends.

(LS) Motion to authorize Chief DeSilva receiving paid attendance at Trade Show March 10-14. (LK) Second. After Discussion: Carried 4-0.

Discussion: (PR) Whoever attends, should not receive any earned time. They should use vacation time to attend. (EN) Individuals would be paid for normal days worked. (PR) Anyone else should use vacation.

Update on Fire Department:

Chief DeSilva: This weekend we had a radiator repair on Engine II which was initially going to cost about $1,000 to accomplish. We were able to purchase the part instead and Mike Wolfe installed it for us which saved quite a bit of money. Also there was a toilet problem that needed attention and that too was done by Fire Department personnel again saving money.

1. Fire Department Inspection of 30-32 Main Street
Waiver Request from Jitters Re: Impediments/Obstructions on the
Sidewalk

Selectman Rogers recused himself and was seated in the audience. (6:59 P.M.)

(LK) I believe you had mentioned previously that there would be nothing on the sidewalk during the winter months. Paul Rogers: The only thing out there now is the Specials Board. According to the insurance company, the Board would have to grant me a permit to allow benches out front. Anything that belongs to the restaurant is covered under the insurance binder. The insurance carrier noted:

“As long as he owns them, the policy will extend to owned equipment on the restaurant premises. You should verify that he has a permit from the Town for the benches.” (EN) Until this is approved, you should really have nothing on the sidewalk. (PR) Other businesses have not come to the Board for this purpose and no one does anything about it. What is right for one should be right for all to be fair to all of us. Anything out there would be seasonal. (LK) This E-Mail from the insurance carrier should be forwarded to the Code Enforcement Officer.
Jesse Pacheco, Building Inspector requested a copy of the diagram depicting placement of objects.

(EN) Motion to approve Jitters Café Waiver Request of Obstructing Streets and Sidewalks Ordinance with written confirmation from his insurance carrier.
(LS) Second. Carried 3-0.

Discussion: Paul Rogers: I had requested that Town Administrator call the insurance company a long time ago. (EN) That is not the responsibility of the Town Administrator but rather the applicant’s.

Selectman Rogers returned and was seated on the Board. (7:09 P.M.)

4. Authorize Chairman to Sign Contract for Insulation Work at
Fire Department

(EN) Building Inspector has reviewed the project with Builders Insulation at the Fire Station.

(EN) Motion to authorize Chair to sign Contract with Builders Insulation
for $5,265 for insulation work at Fire Department. (PR) Second. Carried 4-0.

Discussion: After this insulation job is complete, a policy should be in place that no other work should be done to compromise the repair without the approval of the Fire Chief, i.e. such as running wires and having to “punch holes” into the insulation or any other such addition/repair work. (PS) to notify Chief DeSilva of this policy.

6. Warrant Article – Library

(PS) There is a proposed Warrant Article in your packet of information for the Library work ($60,000).

(EN) I have spoken to Roza regarding the proposed Warrant Article. She has suggested the possibility of this being two separate warrant articles which might make it easier to have them approved by the Town. I do not think this is a good idea as one part of the project reflects on the second part of the project. (LK) I have also spoken with Roza and she is suggesting separating them – one for $25,000 for the engineer and the other $35,000 for the additional work. I agree with Eric. (EN) I would not recommend this. (LS) One part of the project is just as important as the other part.

Jesse Pacheco, Building Inspector: Please remember that the bid for the outside work does not include work done in the winter months. (PS) The money for this would not be available until the Spring.

(EN) Motion to approve Warrant Article for Library:

To see if the Town will vote to raise and appropriate the sum of sixty thousand dollar ($60,000) for the purpose of repairs and improvements to the exterior of the Library and the installation of a second means of egress from the basement to the first floor in accordance with Life Safety Codes.

(LS) Second. Carried 4-0.

5. Petitioned Warrant Articles – Dan Schroth

(PS) We have two Petitioned Warrant Articles neither of which requires any appropriation so the Board does not have to recommend or not recommend.

1. Legalize “grass”: Sufficient signatures.
2. Fire Alarm: This one does not have enough signatures and I have left a message for Dan Schroth to that effect. He has not returned my call yet.

No action by the Board is required.

13. Board of Selectman Protocol – Statement/Linda Small

(LK) At the last Board meeting, there was an added letter submitted by Selectwoman Small and I will be adding to the Minutes a correction to my response to this submittal. I believe that something like this should have been given to the Board prior to the Statement being read into the Minutes to allow the Board to review. (LS) I called this Board of Selectmen Protocol because I did not know what else to call it. (LK) I would not have approved it being read into the Minutes if I had the opportunity to read it in advance. (LS) You would have to approve it.

9. Larry Berube – Driveways

(EN) There was an E-Mail on July 19, 2012 pertaining to the driveways and I have an update on this. The Building Inspector spoke with George and it is noted that there is only one driveway allowed per lot. We need to send a letter to Mr. Berube to rectify this. It has not been rectified. (LK) Send to Code Enforcement; let them take care of it.

10. Rocky Ridge Structure

(EN) A while ago, we had asked George to “knock over” a building up on Rocky Ridge. He related that Town equipment could not be positioned correctly to accomplish this. I am suggesting that we could possibly cut holes with a chainsaw in the sides of the building, thread a chain through it and pull it down. (LK) If George and you can come up with a solution as to how to do it, go for it.

11. Letter from Citizen

(EN) read into Minutes letter from Citizen regarding 30-32 Main Street. (See Attached.)

Selectman Rogers recused himself and was seated in the audience. (7:27 P.M.)

(LK) We are talking about 30-32 Main Street. Mr. Rogers is the manager, will the Board agree to allow him to speak. Board agreed.

Paul Rogers: The grease on the sidewalk originated before my restaurant was there. I have the system cleaned twice a year so that grease is not from the restaurant. I have tried to clean that area several time and it is now imbedded in the cement so cannot be cleaned up any further. As far as the sign is concerned, the Police Chief has observed it and noted that it does not “stick out” any further than the first parked car on the corner. I will bring the sign in a little.

Selectman Rogers returned and was seated on the Board. (7:30 P.M.)

12. Sewer Service Contract

(EN) This is the proposed contract for sewer service hook-up. Ron has seen it and agrees to it. It is basically the original contract with a few changes. The only question is concerning the bond. (LS) The bond is connected to the Building Permit.

Jesse Pacheco, Building Inspector: This was the original contract for sewer hook-up with just a few additions such as signature lines and changing the fee amount.
It used to be signed by Board of Selectmen and Town Administrator. (LK) We should check with Town Counsel. (PR) It would be good to know the breakdown of the fees if being charged $3,500. Jesse Pacheco: It was $2,200. (LK) Is the Board okay with having it approved by Town Attorney? (EN) I would like Police Chief and George to review it also. (LK) Once it is all finalized, then it can be forwarded to Town Counsel for review. Board agreed.

2. Warrant Article – Housing Standards Ordinance – Continued

(PS) Public Hearing for Warrant Article on Housing Standards Ordinance will be January 22, 2013 at 6:00 P.M. (PS) to do.

INFORMATION ITEMS

1. Request for Qualifications – Safe Routes to School

(PS) I have finalized the Request for Qualifications for Safe Routes to School for engineering services qualifications. It is being advertised in the Concord Monitor, The Sun, Primex and Town Website. This will “whittle down” those engineers qualified to do a project of this nature. The State has been provided with the preliminary timetable for this project.

2. Health Office Appointment

(PS) We have received a letter from the State of New Hampshire Department of Health and Human Services confirming the appointment of Health Officer for the Town of Pittsfield.

3. Union Negotiations

(LK) I will be unable to attend the Union meeting on Thursday, January 10th.

OLD BUSINESS

1. Policy for Access to Town Property Pending
2. Policy (Revised) for Recruitment & Employment (EN) This was updated a while ago. Could we get that distributed to Board for review? (PS) to do.
3. Policy for Employee Total Compensation Pending
4. Tax Collector/Action b Selectmen/Tax Deed Waivers Pending
5. Appointment of Selectmen to Foss Scholarship Committee Resolved
6. Amendment to the Obstructing Streets & Sidewalks Ord. Pending
7. Skateboards and Bicycles on Sidewalk Pending

APPLICATIONS and WARRANTS

1. Intent to Cut Tax Map R2, Lot 2 and Tax Map R1, Lot 2-1

(LS) Motion to approve Intent to Cut Tax Map R2, Lot 2 and
Tax Map R1, Lot 2-1. (EN) Second. Carried 4-0.

CHECKS and MANIFESTS

(LS) Motion to approve Accounts Payable and Checks Register.
(PR) Second. Carried 3-0. (EN) Abstain.

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

Discussion: (LS) There was one employee who had over 45 hours overtime. Why? (PS) related he had noticed that also. He will check with Fire Chief.

MINUTES

1. Public Session Minutes of January 2, 2013

(LS) Motion to approve Public Session Minutes of January 2, 2013 with Corrections. (EN) Second. Carried 3-0. (PR) Abstain.

Corrections:

Page 3, Paragraph 2, Line 2 should read: …..writing. (LK) I have talked to (PR) today and …….
Page 6, Line 3 should read: (LK) This statement is from Selectwoman Linda Small and not the Board of Selectmen and since I have not had the opportunity review this statement, I am unable to respond to it at this time.

2. Non-Public Session Minutes of January 2, 2013

(LS) Motion to approve Non-Public Session Minutes of January 2, 2013.
(EN) Second. Carried 3-0. (PR) Abstain.

PUBLIC INPUT

Maurice Wells: I am still questioning as to whether the Board of Selectmen Meeting information has to be posted in two places. I do not think the Website is considered as a posting. Also, who is in charge of BelCastro Pit? (PS) Board of Selectman. Maurice Wells: The range cuts into the embankment within feet of the stone wall which I believe is a boundary line, which may be a problem. Who represents the Town at the Labor Board when it was ruled against the Board of Selectman?” (LK) In reference to overtime? Linda, Paul Skowron and myself.
Maurice Wells: You are costing the Town a lot of money – $15,938.

Maurice Wells: I have been in this Town for 74 years and it is going down. You guys are not doing us any good. You cannot say “No” to anybody. You can’t make Department Heads make decisions for you. You bribe them by giving them all this “stuff” like the repeaters for reception on the hill. (PR) explained why this equipment was necessary. Mr. Wells also wanted to know where this structure was on Rocky Point Road – he related he could not find it. Building Inspector explained that access is through Tilton Hill Road.

Maurice Wells: On Shingle Mill Brook Road there is a culvert that was put in place about three years ago about 1 ½ ft. from travel lane. Was that a “goof?” (LK) We can send George out to take a look at it. Maurice Wells: Wasn’t he in charge originally?

Adam Gauthier: I have talked to Paul and Jesse about this, but up at Griggs Trailer Park there is a big pile of tires up there. I can show Eric where it is. The salt shed roof collapse – what is happening with that. Also have you heard from George about that drainage issue I mentioned last meeting? (PS) I talked to George about it but he did not have a resolution for the problem. Adam Gauthier: Was there a second bidder on the insulation for the Fire Department? (EN) Yes. Adam Gauthier: 30-32 Main Street – there is an obstruction of view because of parking in front of Paul Metcalf’s. (PR) There is never any sand in front of the Highway Department. Adam Gauthier: If there is no sand, there is a red sign that notes residents are not allowed behind the building. (EN) The sand also freezes at night… (PR) and you cannot go behind the building.

Jesse Pacheco: I would recommend sending George down to take that shed down. If it falls down it may be a liability. (LK) Have we gotten any bids on that?
(PS) That is something George will be doing. Adam Gauthier: Why do we have that salt shed? Maurice Wells: For people to use for sidewalks. (LK) Is there any update on where the bid process is? Should the shed be demoed or rebuilt? The Building Inspector should go down to review it. Jesse Pacheco: If it collapses, then it will have to be removed. (EN) Photos should be taken of it before it is taken down. (PS) I believe we are waiting for insurance purposes. Jesse Pacheco will go down to take pictures.

Maurice Wells: I thought the Highway Department has a gate there. It was noted that there was a gate there. Maurice Wells: The Town has a good sidewalk plow operator finally. He does a good job.

Close Public Input (8:09)

Break: 8:10 P.M. Resume: 8:15 P.M.

NON-PUBLIC SESSION

(PR) 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 8:17 P.M.

Board returned to Public Session at 8:35 P.M.

(PR) Motion to seal Non-Public Session Minutes of January 8, 2013.
(EN) Second. Carried 4-0.

ADJOURNMENT

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

Meeting adjourned at 8:38 P.M.

Approved: January 22, 2013

___________________________ _______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on January 8, 2013, transcribed and public posted on January 14, 2013.

______________________________________
Delores A. Fritz, Recording Secretary

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