July 2, 2013 Minutes

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

MEETING MINUTES OF TUESDAY, JULY 2, 2013

CALL TO ORDER

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

MEMBERS PRESENT

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

MEMBERS ABSENT

Albert Douglas (AD) – Excused

PUBLIC INPUT

Fred Hast: As you know, Old Home Day Committee had a meeting at which some concerns were discussed. (See attached.) All this has been done because people had complained to the Board. The person in the corner office viewed all properties and someone should do this again. I take pride in my property, though others let it slide. We should all come together on this.

Fred Hast: What are we doing with deeded properties? (PS) As of August 23rd, 36 Loudon Road will be ready to be deeded for disposition. There are a number of properties and the Town Clerk is working on these to make sure that the proper individuals have been notified in relation to the property. Town would like to have these disposed of by November 14th.

Fred Hast: A year ago, Town had money in place for the Aqueduct. This would be a benefit to users, though all taxpayers have to pay for the hydrants. This should have been done when proposed and we would have had almost half paid for by now. We could get a bond for 30 years and set money aside for future expenses. Someday, Route 28 will be developed and they will need water over there. The money Nashua is collecting is going towards their bond.

(LK) There is a committee working on this – five members and Board member. Jesse Pacheco: Pennichuck is looking for a 9% increase. Fred Hast: Nashua hires Pennichuck to run it.

AGENDA REVIEW

(GL) Pennichuck; (EN) Staff Meetings, Adoption of Non-Public Minutes Format as suggested by Atty. Mayer; (LS) Obstructing Streets & Sidewalks Ordinance and Skateboarders; (LK) Deputy Welfare. (PS) Amendment to South Main Street Pump Station Contract, Full Time Fire Chief Job Description, Jitters’ Approved Sidewalk Plan, FMLA – Stephen Rush, E-Mail Chief Abell Re: Library Architects. During the course of the meeting, Board addressed hiring a new employee.

NON-PUBLIC SESSION

(EN) Motion to go into Non-Public Session per RSA 91-A:3 II (b) – hiring of any person as a public employee. (GL) Second. Carried 4-0. Individual members of the Board were polled, and all agreed.

Board went into Non-Public Session at 6:13 P.M.

Board returned to Public Session at 6:27 P.M.

(GL) Motion to seal Non-Public Session Minutes of July 2, 2013 concerning hiring of any person as a public employee. (EN) Second. Carried 4-0.

NEW BUSINESS
ACTION ITEMS

11. New Police Officer

(EN) Motion to approve hiring of Joseph McCormick as full-time police officer at Step I. (GL) Second. Carried 4-0.

12. 114 Main Street

(LK) The Building Inspector is asked to check on 114 Main Street. Jesse Pacheco, Building Inspector: Is there something in the ordinances that notes you cannot have a yard sale out there selling knick/knacks and other stuff. (LK) Check with LGC. Jesse Pacheco: It would be different if it was a rental. (LK) See if LGC can find something as to how you can address this.

13. Jitters Approved Sidewalk Plan

Chief Wharem was present. (PS) explained that there was an issue with one of the flags displayed on the front of the property that was addressed as a safety issue by a taxpayer. Jitters owner, Paul Rogers, discussed this with Chief Wharem and it was removed. This particular flag was not noted on his sidewalk items plan.
(LK) explained to Board how this came about and noted that his sidewalk items plan should be reviewed and Board can approve two flags and have Chief revise the original plan. (LS) The front flag has been a safety concern right along and therefore cannot be part of the approval; (EN) Paul Rogers should revise the plan and submit it to the Board. Chief Wharem: I will work on it with Paul Rogers and have it for you by the next meeting. (EN) He should also be conscious of where he places the Menu chalkboard plaque.

(LK) Motion to approve Chief Wharem working with Paul Rogers to revise his sidewalk items plan to include the two flags. (LS) Second. Carried4-0.

Chief Wharem: Does this mean we can work with the others in Town who want to do this? (LK) Yes, though they will have to be approved by the Board.

(LK) Motion to approve Police Department enforcing any sidewalk items plans as approved by the Board of Selectmen. (LS) Second. Carried 4-0.

(LK) Motion to not require liability insurance for Jitters Café for sidewalk items, and that Town not require liability insurance for any sidewalk items at all.
(LS) Second. After Discussion: Carried 3-1 (EN).

Discussion: (LS) suggested that Town not require liability insurance for sidewalk items at all and Motion was revised to include this.

(EN) This is a separate issue – does the Town need some type of waiver? If something happens the Town will be libel. (PS) advised that the Town is covered for its property and it is totally up to the Town whether or not to require additional insurance. It was also noted that the cost to business owners is excessive and therefore, not necessarily business friendly.

Jesse Pacheco, Building Inspector: Jitters Café is moving very soon; will Chief be working on the new one also? Chief Wharem: I will discuss with Paul Rogers. (LK) Jesse, that is a very good question. Pat Heffernan: Has anyone discussed with George about hitting these items with the plow? Chief Wharem: These items are not displayed on the sidewalk in the winter.

1. Planning Board/Legal Counsel Refusal – Requested by Selectman LeDuc

(GL) It is noted in a recent E-Mail that the Chair of the Planning Board has refused to meet with legal counsel. These people are hired to protect us.

2. Welfare Lien Tax Map R20, Lot 12-T10

(LS) Motion to approve Welfare Lien Tax Map R20, Lot 12-T10.
(GL) Second. Carried 4-0.

3. Parade Permit

(GL) Motion to approve Parade Permit for Old Home Day, July 20, 2013.
(EN) Second. After Discussion: Carried 4-0.

Discussion: (EN) Did you go over this with Chief and will there be sufficient coverage? (PS) Yes, I discussed this with him this morning. Chief Wharem: I will work on the coverage.

(LS) The Old Home Day Committee cut their budget from $3,200 to $2,900 to reduce the budget.

(EN) In the future, could we advise Chief in advance so he knows ahead of time and can make arrangements? (PS) Yes. (LK) We can have him sign off on all future Parade Permits. (PS) to work on new form to note Police Department sign-off.

4. Junkyard Renewal License – Richardson

(GL) Motion to approve Junk Yard Renewal License for Roy Richardson.
(LS) Second. After Discussion: Carried 4-0.

Discussion: Jesse Pacheco, Building Inspector presented Motor Vehicle Salvage Yard Environmental Compliance Manual & Self-Audit Checklist and noted that it was in compliance and ready to be approved.

5. Junkyard Renewal License – Snedeker

(GL) Motion to approve Junk Yard Renewal License for James Snedeker.
(LS) Second.

Discussion: Jesse Pacheco, Building Inspector: When I was reviewing the property, it was noted that there were vehicles parked in front of the fence. Inside the gate, there was quite a bit of turmoil which made it hard to inspect. There was really nothing ready to be inspected. Jim Snedeker advised me that he was going on vacation next week and that he was in the midst of cleaning out an estate. There were piles of tires and boards everywhere. Mr. Snedeker related that it would probably be about three weeks before it would be cleaned up and ready for re-inspection.

(GL) Withdraw Motion. (LS) Withdraw Second.

(GL) Motion to table Junk Yard Renewal License for James Snedeker.
(LS) Second. Carried 4-0.

Discussion: (EN) When does his license expire and how does this affect it?
(PS) His license expired yesterday. (LS) This would be a courtesy extension. (GL) suggested giving him a thirty day extension. (LK) Please put this in writing and offer him a deadline date.

6. Transfer in the amount of $612 from the Citizen Thompson Road Account to the General Fund

(PS) This was tabled before and we now have the correct amount.

(LS) Motion to approve transfer of $612 from the Citizen Thompson Road Account (AHG) to the General Fund. (EN) Second. Carried 4-0.

7. Transfer in the amount of $190 from the Citizen Thompson Road Account to the General Fund

(LS) Motion to approve transfer of $190 from the Citizen Thompson Road Account (AHG) to the General Fund. (GL) Second. Carried 4-0.

8. Transfer in the amount of $11.87 from the Skate Park Fund to the General Fund

(LS) Motion to approve transfer of $11.87 from the Skate Park Fund to the General Fund. (EN) Second. Carried 4-0.

(LS) We thank George for his efforts.

9. Action on FMLA Request

(LK) This will be a Non-Public issue.

10. Consideration of Selectmen and Department Heads to Meet to Underscore Community Objectives

(LK) What I would like to do is meet with Department Heads to set some long range goals and matters pertaining to saving on the budget. I was thinking of a couple of Board members together with Department Heads. (PS) to schedule a meeting with Department Heads and (LK) & (LS).

14. Amendment to South Main Street Pump Station Contract
(Approved by DES and Ron Vien)

(PS) This is an Amendment to Engineering Construction Phase Contract for Professional Services for the South Main Pump Station Project

(EN) Motion to approve Amendment to South Main Street Pump Station Contract and authorize Chair to sign document. (LS) Second. Carried 4-0.

15. Discussion Re: Full-Time Fire Chief Job Description

(PS) This Job Description is the one Chief DeSilva originally proposed. It has been sent to Fire Chief Nick Abell for review. Would you like it sent to anyone else? Board agreed it should be sent to Atty. Beth Deragon for review.
(LK) What about noting that individual has to reside within fifteen miles of Town of Pittsfield? (LS) That is not really part of the Job Description but rather should be a Town policy.

16. Staff Meetings

(EN) I recently attended a Staff Meeting and it really was not what I considered a staff meeting. Department Heads reviewed the Agenda. I think it would be better to have a staff meeting after the Board meets to discuss any changes/issues that have been discussed and (PS) can address what happened at the Board meeting. If a decision is made on a Tuesday, then Paul can inform them on Wednesday as to what transpired. (PS) If Board feels it would be more productive to have the staff meeting after the Board meeting, it can be scheduled that way. Board noted it would make more sense that way and save confusion.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 7:10 P.M.

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

(GL) Motion to seal Non-Public Session Minutes of July 2, 2013 regarding compensation of any public employee. (LS) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

Break 7:19 P.M. Resume in Public Session: 7:25 P.M.

(EN) Motion to approve intermittent FMLA leave for Stephen Rush.
(LS) Second. Carried 4-0.

INFORMATION ITEMS

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

Next Planning Board meeting is scheduled for July 10th.

2. Report from Selectmen’s Representative to the Suncook Valley Regional Town Association

(GL) There was a meeting last week at which they discussed combining resources such as printing Town Reports. Also, the LGC lawsuit that was settled for $3.3M – there is interest in the amount of $1M which there are questions about. Next meeting is July 31st.

(GL) Also, the Aqueduct Purchase Committee will be meeting on July 18th here at the Town Hall.

3. E-Mail – Chief Nick Abell Re: Library Architects

(PS) There are some comments regarding the Library Architects. Jesse will be providing his comments soon and his recommendations regarding hiring of the appropriate architect. (EN) We should not discredit Tennant/Wallace Architects as a potential bid – he helped us from the beginning with this project. (PS) will contact them requesting them to update their bid and will send a copy of their bid to Chief Abell.

4. Deputy Welfare Officer

(LK) There were a couple of issues over the weekend which have been taken care of, but it should be noted that the Board members are all included as Deputy Welfare Officers.

5. Non-Public Minutes Format

(EN) I am looking to have the Board adopt the non-public minutes format in conjunction with the form as presented by Atty. Mayer.

(EN) Motion to approve Non-Public Minutes format as presented by Atty. Mayer. (GL) Second. Carried 4-0.

6. Obstructing Streets and Sidewalks Ordinance

(LS) I have heard from various individuals that this Ordinance is pretty well done. I would like to see this removed from the Agenda. I would like to review the Loitering and Skateboards and Bikes Ordinance. I would like to have this on the Agenda to pursue diligently. Board agreed.

OLD BUSINESS

1. Policy for Recruitment and Employment to be Revised

(PS) We are working on this one.

2. Policy for Employee Total Compensation Pending

3. Amendment to the Obstructing Streets and Sidewalks Ordinance

Per Board agreement, this will be removed from the Agenda.

4. Emergency Management Training

(PS) Members of the Board and Department Heads are all being requested to note any training regarding the incident command system per the Emergency Management team – all Board members indicated that they have had no training pertinent to the ICS.

APPLICATIONS and WARRANTS

1. Intent to Cut Tax Map R37, Lot 9

(EN) Motion to approve Intent to Cut Tax Map R37, Lot 9.
(GL) 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. (GL) Second. Carried 4-0.

MINUTES

1. Public Session Minutes of June 18, 2013

(EN) Motion to approve Public Session Minutes of June 18, 2013 with Corrections. (LS) Second. Carried 4-0.

CORRECTIONS:

Page 6, No. 5 should read: (PS)…….from the EDC budget in advance in lieu of soliciting donations to offset the costs.

Page 7, No. 9, Paragraph 2 should read: (LS) I agree with Fred Hast, we have spent $24,000 for legal fees……..

Page 10, No. 4 should read: (LK)………. He complimented Fred’s HSA inspection noting …………….

1a. Public Session Minutes of June 19, 2013

(EN) Motion to approve Public Session Minutes of June 19, 2013.
(GL) Second. Carried 3-0. (LS) Abstain.

2. Non-Public Session Minutes of June 18, 2013

(GL) Motion to approve Non-Public Session Minutes of June 18, 2013.
(LS) Second. Carried 4-0.

PUBLIC INPUT

Board members are reminded that they will be meeting in Barnstead on
July 16th in conjunction with Barnstead Board of Selectmen.

No other Public Input.

Public Input closed.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 7:45 P.M.

Board returned to Public Session at 8:05 P.M.

(EN) Motion to seal Non-Public Session of July 2, 2013.
(GL) Second. Carried 4-0.

ADJOURNMENT

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

Meeting adjourned at 8:08 P.M.

Approved: July 23, 2013

_________________________ __________________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on July 2, 2013, transcribed and publicly posted on July 10, 2013.

_______________________________________
Delores A. Fritz, Recording Secretary

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