March 19, 2013 Minutes

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

MEETING MINUTES OF TUESDAY MARCH 19, 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), Al Douglas (AD), and
Paul Skowron (PS), Town Administrator.

MEMBERS ABSENT

None.

PUBLIC INPUT

(LK) Because of the snowstorm, it would be appreciated if we could limit the time for public input.

Bill Elkins: I wanted to let the Board know that the warrant was edited and changed for presentation at Town Meeting. (LK) Who presented the Warrant Article? Bill Elkins: It was sent via E-Mail. (PS) To my knowledge, the Warrant Article was submitted to me, sent to Laura Spector for review, the verbiage was reconstructed by Town Counsel and she sent it back to me at which time I shared her E-Mail with Bill and Fred.

Chris Ward: The Board of Selectmen took it upon themselves to make the Fire Chief position as part-time. You cannot have a Fire Chief that does not train its people. I would not do this again as I do not want to be a firefighter any more with a part-time Fire Chief. It is crazy to think running that department without a leader. The Board should have been aware at the Town Meeting when no one stood up in support of a part-time Fire Chief. Maybe you heard it differently. I did not hear anyone from the audience saying, “Yes, let’s keep going this way. I think it is working okay.” We had a full-time Fire Chief in place when Chief Johnson resigned in May and new individual’s job description would have been whatever it was when Chief Johnson was here and you replaced it with a part-time chief. I am not sure what is not being done now and I am glad you are going to try to investigate a little further and be real specific as to what the Fire Chief’s responsibilities are. I am glad you are addressing them but it seems that you are a little late in addressing them where you really should be having a full-time position until you can prove otherwise.

PUBLIC HEARING

6:10 p.m.: Acceptance of Gift from the Sanderson Fund

(LS) read into the Minutes the Public Hearing Notice – Acceptance of Gift – Sanderson Fund (See Attached).

Public Input:

Mike Wolfe: Take the money.

Close Public Input

(GL) Motion to approve acceptance of gift from the Sanderson Fund in the amount of $9,000 for the purpose of financially supporting the K-9 Program, DARE Program and the purchase of Automated External Defibrillators.
(EN) Second. Carried 5-0.

(LK) If there are any questions relating to the breakdown of funds, please check with Town Administrator.

AGENDA REVIEW

(PS) Board of Selectmen to Review Article 6 of the Town Meeting Warrant, Consideration of Creating a Study Committee Re: Classification of Fire Chief, Consideration of Creating a Committee to Review the Costs of Purchasing Pittsfield Aqueduct, and the Potential Costs of Operation, Discussion Re: Transfers to Capital Reserves, HSA, Discussion on Communication of the Needs for Emergency after Hours Calls and the Need to Financially Support this through the HSA Fees, Consideration of the Pittsfield Board of Selectmen to Request of Barnstead Board of Selectmen to Discuss Combined Shared Fire Chief; Article 21 Full Time Fire Chief Legal Opinion, Non Public – Town Attorney, and Zoning Board Decision.
NEW BUSINESS
ACTION ITEMS

1. Board of Selectmen to Organize

See Attached.

2. Fire Chief Job Description

(PS) Board has in their packet of information the Job Description for Fire Chief which needs your approval. I tried finding the Job Description that goes back when Gary Johnson was hired, but I could not find it. You can act on it this evening or table it. (LK) This would cover part-time and full-time. (PS) In your added items you will find an E-Mail from Walter Mitchell noting “I believe that the effect of the negative vote on Article 21 is that the voters expressed their preference to continue with the Part-Time Fire Chief arrangement and no longer have it as a Full-Time Position” dated March 19, 2013. I gave him the Town Meeting minutes. (EN) So, the Town said “No.” What can we do legally?
(AD) I would be a little leery voting on it tonight. Basically, we have until January 1, 2014. Board agreed

(LK) Motion to table approval of Fire Chief Job Description. (EN) Second. Carried 5-0.

3. Salt Shed Damage/Insurance Reimbursement

(PS) There is an E-Mail from the insurance carrier with an estimate for reconstruction of the Salt Shed. Does the Board wish to accept this estimate or speak to the insurance carrier? (EN) We should have two bids. (LK) This is only to accept the funds from the insurance carrier. (PS) The insurance carrier is offering what they estimate reconstruction would cost – $5,824.10. Board wanted to review further.

(EN) Motion to table acceptance of Salt Shed Damage Insurance Reimbursement. (LS) Second. Carried 5-0.

4. Emergency Management Director Appointment

See No. 1 above.

5. AHG Requests of the Selectmen

(GL) Motion to table AHG Requests of the Selectmen. (LS) Second.
Carried 5-0.

6. BCEP Appointments

(PS) An Alternate Representative is needed as well as Budget Committee Representative. I will contact the current individuals to see if they would like to do this again.

(LS) Motion to table BCEP Appointments. (EN) Second. Carried 5-0.

7. Tax Anticipation Note – Quotes for 2013 Borrowing

(PS) As you will note per the attached paperwork, we have three quotes for the tax anticipation note and after review, we are recommending TD Bank at a rate of .98%.

(LS) Motion to approve TD Bank for Tax Anticipation Note for 2013.
(EN) Second. Carried 5-0.

8. Status of 36 Loudon Road

(PS) We had a recent meeting (Erica Anthony, Laura Spector, Cara and myself) regarding 36 Loudon Road. It is recommended that Board allow Tax Collector to do a corrective Deed. (LK) This has been reviewed by Town Counsel. Who reviewed the last one? (PS) The reason for the corrective Deed is due to the title search. Town Counsel does not do Deed research. The Tax Collector is obligated to review the liens only. (LK) I would like to have some legal advice on this.

(LS) Motion to table status of 36 Loudon Road. (EN) Second. Carried 5-0.

9. Request of Paul Rogers Re: Jitters

(PS) You will note by the letter from Paul Rogers that he has had some discussion on construction with Jesse Pacheco, BI and Eric Nilsson, Deputy BI.

Jesse Pacheco: He is going before the Planning Board on Thursday for Site Plan Review – Change of Use and has already addressed parking with Zoning Board. He wants to move forward with this in a timely manner at his own risk. I am just letting the Board know what he is trying to achieve.
(AD) Change of use from??? (PS) From movie retail store to Jitters Café.

(LK) Thank you, Jesse, for all you do.

INFORMATION ITEMS

1. Report from Selectmen’s Representative to the Planning Board
2. Report from Avitar Re: AHG Property Preparation Question

(GL) Motion to table the Information Items. (LS) Second. Carried 5-0.

OLD BUSINESS

Actions on Old Business Items are Suspended Until the Next Meeting

APPLICATIONS and WARRANTS

1. Application for Elderly and Disabled Tax Deferral, Tax Map R28, Lot 2

(LS) Motion to approve application for Elderly and Disabled Tax Deferral,
Tax Map R28, Lot 2. (GL) Second. Carried 4-0. (AD) Abstain.

2. Timber Tax Levy Tax Map R50, Lot 6

(EN) Motion to approve Timber Tax Levy Tax Map R50, Lot 6.
(GL) Second. Carried 4-0. (AD) Abstain.

3. Warrant to Tax Collector for Land Use Change Tax Map R23, Lot 2-9
and Lot 2

(LS) Motion to approve Warrant to Tax Collector for Land Use Change
Tax Map R23, Lot 2-9 and Lot 2. (EN) Second. Carried 4-0 (AD) Abstain.

4. Intent to Cut Tax Map R1, Lot 11

(EN) Motion to approve Intent to Cut Tax Map R1, Lot 11.
(LS) Second. Carried 4-0. (AD) Abstain.

5. Application for Current Use Tax Map R46, Lots 11-2 and 11-3

(LS) Motion to approve Current Use Tax Map R46, Lots 11-2 and 11-3 conditioned upon Assessor recommendation. (GL) Second. Carried 4-0.
(AD) Abstain.

6. Application for Current Use Tax Map R46, Lots 10, 11-4 and 11-5

(LS) Motion to approve Current Use Tax Map R46, Lots 10, 11-4 and 11-5 conditioned upon Assessor recommendation. (EN) Second. Carried 4-0.
(AD) Abstain.

CHECKS and MANIFESTS

(LS) Motion to approve Accounts Payable and Checks Register.
(EN) Second. Carried 5-0.

(LS) Motion to approve Payroll and Direct Deposit. (EN) Second. Carried 5-0.

MINUTES

Board agreed to table the approval of Minutes until the next Board meeting.

NEW BUSINESS – ACTION ITEMS CONTINUED

10. Board of Selectmen to Review Article 6 of the Town Meeting Warrant

See No. 17 below.

11. Consideration of Creating a Study Committee Re: Classification of Fire
Chief

Board to discuss at next BOS meeting.

12. Consideration of Creating a Committee to Review the Costs of
Purchasing Pittsfield Aqueduct and the Potential Costs of Operation

(LK) We could get a committee together by advertising for this. (PS) The committee could work with the individuals to determine the value of Aqueduct and the operating costs. This would be one less thing that could be accomplished without the Board being “in the saddle.” The committee could work through it and present its findings to the Board. (LS) The appraisal is the crux of the whole thing. We had asked for that at one time, but did not get it. (PS) to check on this.

13. Discussion Re: Transfers to Capital Reserves

(PS) I was requested to put this on the Agenda regarding the lack of transfers to the Capital Reserves. As I recollect, when the Board was working on the warrant articles to consolidate the Fire and Ambulance, the conversation noted that it was not a good idea to have the Warrant Article and transfer the funds to Capital Reserves. Rather than “clutter” the Warrant, the transfers were not placed on the Warrant. (LS) Also, it would not touch the fund balance because we wanted to have extra available for that purpose. We under expended 2012 by $100,000 and we should have sufficient cushions put away for that purpose. I think we have some flexibility there because of fund balances and because of tax rate going down.

14. Consideration of the Pittsfield Board of Selectmen to Request of Barnstead Board of Selectmen to Discuss Combined Shared Fire Chief

(LK) I think that could be an option. (AD) Do you think we should take care of our in-house situation first as to where we stand on Fire Chief and then we can relay that information? (LK) I would want to get some feedback. (AD) They may have some questions as to where we stand. (LK) That’s why I would like to have that and if we have this information at the same time, we can open the dialog to the Fire Department. Now is our chance to get all that information. (GL) The Suncook Valley Regional Town Association is looking into setting up regional Fire Department and also talking about a regional Police Chief.

(PS) I also had a visit from David Kirk, Selectman who was Chair of the Barnstead Board of Selectmen asking the same question. The theoretical question would be if there is the possibility of sharing resources in some way. I understand from him that the Board of Selectmen in Barnstead is prepared to have discussions at this point.

15. Article 21 – Full Time Fire Chief – Request for Legal Opinion

See No. 2 above.

16. Non Public – Town Attorney

Rescheduled for next meeting.

17. HSA – Discussion on Communication of the Need for Emergency after Hours Call and the Need to Financially Support this through the HSA Fees

(LK) Once again, Board needs to discuss the need to increase our fees on inspections. I discussed this with Fred Okrent and Bill Elkins. We need to increase the fees because right now the only thing fees are paying for is the inspection. The problem I see after talking to Fred and Bill is that there are a lot of other issues that come before them that the inspection fees do not cover such as when they are needed during the “off hours.”

Board discussed meeting with HSA and trying to work it out. (EN) I would agree with a slight increase. Not taking away from Fred Okrent per se, but we need to take some of that fee increase in case someone is called out late at night, etc.
(LS) I still have a problem with the gap between sections and duplication of efforts. Some things are not getting accomplished out there. I am not that knowledgeable about the actual process but I know the financial aspect does not make any sense. (EN) Basically, we could use a portion of the fees for emergency calls. (LS) I do not mind taking a look at it but I would just like to be sure.

Board and Bill Elkins agreed that HSA would have their next meeting, get things organized and then meet with Board and come to an agreement if possible.

18. Zoning Board Decision

Jesse Pacheco: There is a situation on Joy Street where the Zoning Board has approved a Variance for a handicapped ramp which infringes on Town property. (LK) Have them write a letter to Town. Have you talked to George? Jesse Pacheco: I am concerned in terms of when the road is plowed that the posts may be an issue. (EN) When they sell the house or no longer require the ramp, it should be removed. (LK) When they no longer need it, it needs to be dismantled. Jesse, when you go to Department Head meetings maybe you could communicate that to George.

PUBLIC INPUT

(AD) I just want to say I am happy to be here. Board welcomed Al Douglas as new Board member.

Mike Wolfe: What was used to make the determination that the Fire Chief should be part-time and also having a shared Fire Chief with Barnstead? Are you asking the Barnstead Board of Selectmen to formally meet and discuss utilizing a regional Fire Chief? (LK) Not at this time.

Mike Wolfe: What are you asking them to do? (LK) Right now, I put this on the Agenda to see what the Fire Department’s thoughts are. Mike Wolfe: So you are not taking any action at this time in discussing a combined shared Fire Chief? (LK) No. Mike Wolfe: Procedurally, what would happen hypothetically if Barnstead was to approach us and indicated that they were interested in this.
(LK) I would rather like to see how they felt before we do anything. I think we should have an emergency Town Meeting to address having a full-time Fire Chief but we have to get legal counsel opinion on this. The Warrant Article was confusing in my eyes. Mike Wolfe: Do you have to have a Town Meeting to make the position a combined shared position? (PS) offered an explanation of how this might work and noted that there were probably a number of options the Board could choose to have a regional Fire Chief. If the go ahead is to do that, probably both Towns would need to have a Public Hearing as to agreement. Board would have to make this happen.

(EN) Did we not have a part-time Building Inspector with Allenstown? (PS) Yes, and same with Welfare. There is not actually an agreement. (GL) Sometimes, it can be a problem because it can cost to have duplication of equipment. (LK) I have not had conversations with anyone from other towns and I do not think that any of the other Board members have either. Right now, what I am trying to do is get some feedback.

Member of Audience: As a school board member, I would like to encourage Board members to occasionally attend a school board meeting to see what is happening on the “other side of our taxes.” (LK) That was one of my goals last year which did not happen. I am hoping for an excellent year this year.

NON-PUBLIC SESSION

None.

ADJOURNMENT

(EN) Motion to adjourn. (GL) Second. Carried 5-0.

Meeting adjourned at approximately 7:30 P.M.

Approved: April 2, 2013

_______________________________ __________________
Lawrence Konopka, Chairman Date

I hereby certify that the tapes for this Meeting were transcribed by me and public posted on March 27, 2013.

____________________________________________
Delores A. Fritz, Recording Secretary

II Tapes
Attachments