March 20,2012 Minutes

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

MEETING MINUTES OF TUESDAY, March 20, 2012

CALL TO ORDER

Call to order at 6:00 P.M. by Gerard LeDuc.

MEMBERS PRESENT

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

MEMBERS ABSENT

None.

CHAIR & VICE CHAIR BOARD OF SELECTMEN

(GL) called the meeting to order. We will be modifying the order of business tonight to first select Chairman and Vice-Chairman of the Select Board.

(PR) I nominate Larry Knopoka as Chairman. (LS) Second. Carried 3-0.
(LK) Abstain.

(GL) I nominate Linda Small as Vice-Chairman. (LK) Second. Carried 3-0. (LS) Abstain.

PUBLIC INPUT

Stan Bailey: Congratulations to you both.

Close Public Input

AGENDA REVIEW

(LK) Board of Selectmen Meeting Dates, Policy, Town Owned Vehicles Being Taken Home, Freeze Overtime. (PS) Public Hearing Acceptance of Gift of $750. From the First Congregational Church, Timeframe for Recount/Appointment with Town Clerk, Selectmen to Recommend that Erica B. Anthony be appointed as a Municipal Agent, Discussion of 2012 Town Budget Reconstruction, Acknowledgement of Dan Schroth’s Letter Re: Police Use of Town Vehicles, Letter Re: Park & Recreation Funding, Annual Appointment of Part-Time Police Officers, Citizen Volunteer Committee Applications, Deputy Town Clerk/Tax Collector.

NEW BUSINESS
ACTION ITEMS

1. Organization of the Board of Selectmen

See above.

2. Selectmen Representatives to Board and Committees

BOARD OF SELECTMEN – MARCH 20, 2012
BOARD & COMMITTEE APPOINTMENTS EXPIRING 2013

Board of Selectmen – Chair: (As noted above.)
Board of Selectmen – Vice Chair: (As noted above.)

Planning Board – Selectmen Ex Officio:

(LK) I nominate Gerard LeDuc. (PR) Second. Carried 4-0.

(LS) I nominate Larry Konopka as Alternate. (PR) Second. Carried 4-0.

Budget Committee

(LS) I nominate Paul Rogers for Budget committee. (LK) Second.
Carried 4-0.

(PR) I nominate Linda Small as Alternate. (LK) Second. Carried 4-0.

Union Negotiations:

(PR) I nominate Larry Konopka. (GL) Second. After Discussion:
(LS) Withdraw Motion and (GL) Withdraw Second.

(LK) I nominate Linda Small. (GL) Second. Carried 4-0.

(LS) I nominate Larry Konopka as Alternate. (PR) Second. Carried 4-0.

B.C.E.P.:

(LK) I nominate Linda Small. (PR) Second. Carried 4-0.

Emergency Mgmt. Director:

(GL) I nominate Chief Wharem. (LS) Second. Carried 4-0.

Deputy Welfare Director:

(LK) I have discussed with LGC and been advised that the Board members can be designated as Deputy Welfare Director. This will be researched and we will get back to this.

Deputy Health Director:

(LS) Motion that Board be Deputy Health Inspector, (PR) Second. Carried 4-0.

(PS) This will require a telephone tree.

(LK) Board can also advertise for someone as this requires a great deal of responsibility.

Deputy Building Inspector/Code Enforcement:

(LK) I also checked with LGC on this and Board cannot do this job because if problems result, the Board would be the governing factor on dispute issues.

(LS) I nominate Gerard LeDuc. (PR) Second. Carried 4-0.

Economic Development Committee:

(PR) I nominate Linda Small. (GL) Second. Carried 4-0.
Drug & Alcohol Coalition:

(LS) I nominate Paul Rogers. (GL) Second. Carried 4-0.

Pandemic Committee:

Selection will be tabled for now and possibly request Dan Schroth to assume this position.

Foss Scholarship:

(LS) I nominate Paul Rogers. (LK) Second. Carried 4-0.

Citizen of the Year:

(LS) I nominate Paul Rogers. (LK) Second. Carried 4-0.

Cable Advisory Committee:

(LS) I nominate Gerard LeDuc. (PR) Second. Carried 4-0.

PUBLIC HEARING

6:10 P.M.: Public Hearing – Acceptance of Gift of $750. From the
First Congregational Church

Open Public Hearing 6:11 P.M.:

Nella Hobson (Representative from First Congregational Church): I have a question. Why do you have to have a Public Hearing to accept this gift? (PS) Any gift over $500 has to have a Public Hearing. Nella Hobson: Do you still have the check? (PS) I do not know if Cara still has the check. Nella Hobson: Since this check was donated in January for fuel assistance, I am asking why you waited this long? (PS) This has been an unusual winter and the gift may still be redirected for that purpose. Nella Hobson: So, if the check was for $499 you could use it right away? (PS) Yes. Nella Hobson: Could the Board let the church know when the money is expended. (PS) Yes.

Close Public Hearing (6:14 P.M.)

(PR) Motion to accept gift of $750 from the First Congregational Church.
(LS) Second. Carried 4-0.
NEW BUSINESS – ACTION ITEMS CONTINUED:

9. Timeframe for Recount/Appointment with Town Clerk

Stephen Adams (newly elected Town Moderator): Erica Anthony has notified me that a request for recount of Article #4 has been received, properly signed petition.

He related that he has discussed the procedure with the Dave Scanlon, Secretary of State including the time factor, those necessary and selected to be in attendance and how they would be notified, and who schedules the date for this to take place. The ballots are sealed and under the supervision of the Town Clerk. He noted that a tie vote would still be considered a loss and that in order to be successful it would have to have two additional votes.

Date selected for this process is WEDNESDAY, MARCH 28, 2012 AT
6:00 P.M., TOWN HALL, 85 MAIN STREET, PITTSFIELD, NH.

(GL) noted that he had also contacted the Attorney General and basically received the same responses.

10. Selectmen to Recommend that Erica B. Anthony be Appointed
as a Municipal Agent

Erica Anthony: I have also received an E-Mail and it is noted that a letter from the Board of Selectmen needs to be acquired. (PS) to do.

(PR) Motion to approve Erica B. Anthony be appointed as a Municipal Agent and Town Administrator to author letter. (GL) Second. Carried 4-0.

3. Ted Mitchell: Resignation from Various Posts

(PR) Motion to accept resignation of Ted Mitchell from Representative to CNHRPC, TAC, STIP, Zoning Board, and Master Plan Committee with letter of thank you. (GL) Second. Carried 4-0.

(GL) The E-Mail that was received from Ted should be read into the Minutes. (PR) read E-Mail into the Minutes. (See Attached.)

(LK) There are too many added items to the Agenda. (LS) I would rather have a cut-off date and time for the Agenda items.

4. Tax Anticipation Note Bid Award

(PS) This is an annual event of the proposed bids from the banks. We have a
$1.5 M borrowing requirement. Northway Bank is the least expensive.

(PR) Motion to award Northway Bank tax anticipation note bid. (GL) Second. Carried 4-0.

5. Recommended BTLA Settlement Agreement: Sttipfield, LLC; Dudek Realty, LLC; and New Town Holdings, LLC.

(PS) We have a recommended settlement from Cross Country Appraisal Group for the three properties. (LS) I would like to know what the abatements are going to be. (PS) I will check with the appraisers to provide that additional information.

(PR) Motion to table this matter to the next meeting. (GL) Second. Carried 4-0.

6. Application for Highway Safety Grant in the amount of $8,541.

(PS) This application would need to be approved and Chair authorized to sign.

(PR) Motion to approve the Highway Safety Project Grant and authorize Chair to sign. (GL) Second. After Discussion: Vote: 0-4. Motion fails.

Discussion: (LS) This would involve the 4 & 28 corridor and our cruisers would be in that area? Chief Wharem: No, each Town would be responsible for their own Town. (LS) Due to constraints on the budget, I am hesitant to approve any grants that cost Town anything. We have to start looking where to tighten up and get the maximum services for the most efficient costs. We need to lower the costs for the Town. Chief Wharem: These are not replacement shifts. There would not be less patrols and less coverage. (GL) At the Town Meeting, the citizens want us to tighten our belts.

7. Confirmation of Suncook River Nominating Committee Presentation:
April 3, 2012.

(PS) I have an E-Mail from Vanessa Goold to address Board to work with Town along the Suncook River to access funds and inform Town about the project. It is suggested that she could make a presentation on April 3rd. Board agreed.

6. Application for Grant – Continued

Chief Wharem: Going back to the Grant subject, we are currently in the application process for another grant. I would need some direction in regard to this other application. The process has already begun and I would not like them to have to continue if it is not going to be approved. (PS) Do you want the Board of Selectmen to withdraw support for the application previously submitted? (LS) If you could present the information by next week, we could review it. (GL) The previous Board did not anticipate what took place at the Town Meeting.
Chief Wharem agreed he would have information available.

7. Board of Selectmen: Driveway Permit – Thompson Road

The previous Board had approved a Driveway Permit for the construction, maintenance and repair of the improvement to Thompson Road, Class VI Town road, to facilitate the proposed subdivision. To complete the process, the permit needs to be signed and returned to NHDOT.

(LK) I recused myself from this previously, but I have not seen the contractor in the past two-three years. If Board would like me to recuse myself, I will. Board agreed that this would not be necessary.

(LS) Motion to authorize Chairman to sign Driveway Permit – Thompson Road. (PR) Second. Carried 4-0.

11. Discussion of 2012 Town Budget Reconstruction

(PS) noted that Town has to file the MS-2 (DRA form as to the results of Town Meeting). Because of the adjustment made at the Town Meeting, Board needs to define specifically as to what accounts are being modified and submit the forms to the State. It should be noted that Board can always go back and make revisions.

(PR) I suggest that we complete the rest of the Agenda and then go back to this. Board agreed.

12. Acknowledgement of Dan Schroth’s Letter Re: Police Use of
Town Vehicles

(PS) This letter was brought in by Dan Schroth on Monday (March 19th). (PR) read letter into the Minutes. (See Attached.) (GL) We can table this until next meeting. (PS) There is also a news article associated with this. Board agreed that they would table these matters until the next meeting.

Chief Wharem: I would rather address this now rather than let this ride. For the Chiefs Association matters I do not use any of the Town secretaries, supplies and anything else that is required. When I use a Town car it would be for training related matters or meetings. One of the complaints deals with medicinal marijuana and the other deals with the use of Town vehicles. I do not know where the complaint came from and we have had discussions previously about the concerns of use of the car out of Town. It seems as if the article is the concern. If related to the police job, I would use a Town car; otherwise I use my own vehicle.

(LK) Paul can write a letter to Dan Schroth advising him that nothing has changed. (LS) I think that would be sufficient.

13. Letter Re: Parks & Recreation Funding

(PS) There is a letter in your packet of information from Maryellen Plante concerning the dredging of the swimming area and the purchase of a new swing set. Both these items were discussed and the Board felt that the dredging might be able to be accomplished by the Highway Department and felt that there would be other ways that Parks & Rec could fund the purchase of a swing set. Therefore, there was no Warrant Article and no special appropriation. It was not supported by the Board of Selectmen. I told Nick that he could make a motion at the Town Meeting, but this did not occur.

(LS) Ask George if he can do the dredging. Board cannot do anything financially.

14. Annual Appointment of Part-Time Officers

(PS) There are two appointments for Board review for Jason Darrah and Justin Swift. Chief Wharem: There are two re-appointments for the part-time officers and there may be a third one in the near future. (PS) Are you asking that the Town rescind the resignation? Chief Wharem: Possibly. (PR) Is this the resignation of Officer Gauthier? (LS) and Chief Wharem discussed the reasons for the change, which was basically just a miscommunication issue.

Chief Wharem: I am not sure why re-appointment of part-time police officers is required every year. (PS) to check.

(LS) Motion to approve appointment of Jason Darrah and Justin Swift as part-time police officers. (PR) Second. Carried 4-0.
15. Citizen Volunteer Committee Applications

(PS) We have received several applications from citizens for various committees. (LS) We can address this another night. (PS) We should advertise also for the other committees. (PS) to do. The deadline should be the 17th of April.

16. Deputy Town Clerk/Tax Collector

Erica Anthony was questioned and noted that she would prefer to have this in Public Session.

(PS) Board questioned whether it would be necessary for the employee to be present. (PS) This has nothing to do with her work performance. (PR) read into the Minutes the article in The Sun in question. (See Attached.) I did not feel that it was done professionally and given Saturday’s meeting, I feel she has a job and it is her job to do her job. She is telling everyone that she is not training the Town Clerk. “I am not doing it.” She is not elected but is a town employee. (LK) The Town Clerk/Tax Collector is responsible for her. (PR) I would like to have her come in so we can discuss this with her. (PS) I would be hesitant to have this in Non-Public since it is not pertaining to work performance.

Erica Anthony: I knew she would be upset and I would be, too, under the circumstances. She knows the job right now more than I do. She knows her job well and I am not sure that anything would come of talking to her about this. I am willing to give her a little berth to let this pass. (GL) Sometimes the more skilled for the position do not win. Erica Anthony: I did not go into this position lightly but did a great deal of research. I do hope people are patient with me as I have a lot to learn. (PR) We should have the Town Administrator ask Nancy to not have her negativity out there for everyone to observe. Erica Anthony: I think we can just give her some space.

17. Board of Selectmen Meeting Dates

(LK) I would like to meet every Tuesday through July or until further notice.
(PR) noted that he would have a hard time meeting every Tuesday but would attempt to make all meetings.

(LK) I would like to approve the Agenda before it is finalized. Board agreed any matters to be presented to Board will have a deadline of the prior Thursday
at 4:00 P.M.

18. Town Owned Vehicles Policy

(LK) Motion that no Town-owned vehicles should be going home with the employee except the Fire Chief and the Canine Vehicle. (LS) Second.

Discussion: (PR) What about the Police Chief? (LS) Also not going out of Town. (PS) This can be discussed more thoroughly and a policy adapted. It can be on the Agenda next week. Board agreed.

(LK) Withdraw Motion. (LS) Withdraw Second.

This will be tabled until next meeting.

19. Letters to the Newspaper

(LS) Motion that no letters should be published by Department Heads or Town employees without approval of Board. (LS) Second.

Board decided to discuss further and (LK) Withdraw Motion and (LS) Withdraw Second.

20. Board of Selectmen Position

Board agreed that they would advertise to fill the fifth Board member seat and deadline would be April 17th. A letter of interest should be submitted.

21. Assessing Company Proposals

Board agreed that appointments would be made with the various assessing companies to attend the April 10th meeting, 5:00 P.M.

INFORMATION ITEMS

None.

OLD BUSINESS

None.

APPLICATIONS AND WARRANTS

1. Elderly Tax Deferral, Tax Map R28, Lot 2 (Tabled 3/6/12)

(PS) This was tabled from the last meeting. The assessment includes the current use property. The tax difference is because the full value of the property is used.
Board discussed should there be further deferrals, use of another appraiser. It was agreed that it would be granted now but in the future, due to the economy, it might not occur.

(LS) Motion to approve Elderly Tax Deferral, Tax Map R28, Lot 2.
(GL) Second. Carried 4-0.

2. Intent to Cut Tax Map R43, Lot 6

(LS) Motion to approve Intent to Cut Tax Map R43, Lot 6. (GL) Second. Carried 4-0.

CHECKS and MANIFESTS

(GL) Motion to approve Accounts Payable and Check Register. (PR) Second. Carried 4-0.

(LS) Motion to approve Payroll and Direct Deposit. (PR) Second. After Discussion: Carried 3-1 (LS).

Discussion: It is noted that the Canine Officer adds ½ hour of overtime to his pay sheet. Chief Wharem noted that he works 36 ½ hours and that extra time is for canine care.

ACCUMULATED VACATION TIME – TOWN CLERK

(LS) Read a letter into the Minutes regarding accumulated vacation time by previous Town Clerk. (See Attached.)

(PR) Obviously, the first batch of payout did not agree with the second portion. (LS) The burden of proof is up to the employee. She worked for Town for thirty years and did not comply with the Town Policy.

MINUTES

1. Public Session March 6, 2012
2.
This will be deferred to next Board meeting.

PUBLIC INPUT

Stan Bailey: The canine officer – how is his time calculated. Chief Wharem: His time starts when he gets here. Stan Bailey: The Town of Pittsfield canine is Town “equipment” and if he or officer in an accident, what is the liability? Chief Wharem: It would be no different than if he were on patrol.

Stan Bailey: The driveway permit, have any of the Selectmen been out to inspect it? George Bachelder used to do the driveway permits. (PS) This was previously approved but there have been some changes in the reconstruction of the original plans. I have a twenty-page document in my office and it is necessary that they comply with DOT Regulations. I would assume that George probably would find it acceptable. Stan Bailey: George should always inspect them. (PS) He always does.

Chief Wharem: The vehicle use policy – is it your contention that if I do not have a cruiser at home that I do not have to respond to an incident? (LK) I was only aware that the Fire Chief and the Canine Officer took vehicles homes. Chief Wharem: So, if something happens, I do not have to respond? (LK) Emergency situations would be different.

Fire Chief Johnson: The policy regarding vehicles leaving Town, the necessary trips to Concord should be taken into consideration.

Romeo Dubrevil: I am still confused about the Class VI road situation. What kind of language is needed in order to build on a Class VI road? Is the Town opening themselves up to liability? I need more clarification. As far as the Police Chief taking home a vehicle, that should be okay.

(PS) The Planning Board amendment failed by one vote. Nothing has changed at this time as to how Class VI roads are developed. Nothing has changed. As far as the driveway permit, it is where a Class VI road meets 107, not a driveway onto Thompson Road. Romeo Dubrevil: Is this for development? (PS) This occurred about five years ago. Romeo Dubrevil: So it is another road off of a Class VI road? (PS) I do not know.

Romeo Dubrevil: A police officer can’t respond in a personal vehicle. He would have to go to the Police Department, pick up a cruiser and go to the call. Since he lives in Town, it would be more efficient to take the cruiser home. (LK) I was never aware the Police Chief takes a car home. The Board will discuss next week.

Paul Richardson: Regarding the Agenda, it lists the Map and Lot number but no name and/or address on the abatements. This is information that the public has the right to know. The Planning Board needs a secretary. One cannot be on the Board, participate and take minutes at the same time. Also, the Budget Committee should have one. Previously, we had a secretary that did minutes at home.

Paul Richardson: I also have a comment on Ted Mitchell’s resignations. He was on a lot of committees and knows Pittsfield history and would be an asset.

(LS) We tried in the past to have a secretary for the Planning Board but it was a hard position to try and fill. We do need one. (GL) I have a problem with a member of the board doing the Minutes because of editorializing and incorrect statements. (LK) What power do we have to make Planning Board have a secretary? (PS) None. A Board such as the Planning Board, because of the technical information they deal with, would best be served to have an impartial individual do the minutes. Unfortunately, the working conditions are intolerable and until that changes, it is highly unlikely that anyone will work for that Board.

(LK) We should put together a policy that all boards should have a secretary.
(PS) But how would you enforce it?

Stan Bailey: By having a non-voting member volunteer. (LK) suggested (GL) talk to the Planning Board. (GL) agreed.

Paul Richardson: In the past a Board of Selectmen member would walk the property lines. I have never heard anything about this being done. (PS) Towns try the best they can to do this, but because of the rural nature of properties, it is difficult to do and be safe.

Gordon Hackett: The property that we would like to purchase is being held up a little. I would like to have it move ahead. (PS) explained to the Hacketts that the Town wants to be sure that the Berry Avenue property is offered in the correct manner and therefore, further research is required. Gordon Hackett: I have a Property Sales Agreement which needed corrections. (PS) The asking price is $11,400. The ball has not been dropped but we are proceeding slowly.

Mrs. Hackett: If the Town would sell the lot as a buildable lot to the previous owner, why not to us? (PS) noted that it was being sold as a non-buildable lot.
Mrs. Hackett: The Building Inspector noted that the property was not grandfathered. Mr. Schlossberg, previous owner, would have to start at the beginning to build on it. (PS) We thank you for your continued interest.

Close Public Input (8:37 P.M.)

ACTION ITEMS CONTINUED

11. Discussion of 2012 Town Budget Reconstruction

(PS) The Board needs to make a decision as to which specific accounts they will make adjustments to and the decision has to be done by next Tuesday in order to submit the MS-2 form to the State. (LS) presented a list of budget recommendations/amendments. (See attached.) We need to maximize efficiency in the departments and try to keep the current staff. Taxpayers need to get some fair services at a reasonable price.

(LK) Motion to approve budget freeze, no scheduled overtime, no special details, no new hires and no vehicles out of town. (GL) Second. After Discussion: Carried 4-0.

Discussion: (GL) I agree with the budget freeze but what about the no new hires, does that include replacing positions? (LS) Yes. The overtime budget is outrageous and we need to review our department schedules to maximize efficiency and have them run more economically. (PR) Positions have been saved and we need to make it up in other areas. (LS) I would rather cut back where we can rather than lose positions.
(LK) Taxes are so high that we have to do something.

(PS) These numbers that are going to the DRA do not have to be final decisions.

Fire Chief Johnson wanted to understand how to handle a transport if it occurs at the end of the shift. He noted he there could be consequences should this happen. (GL) If at the end of the shift, you would have to transport. (LS) No overtime, means no overtime. This would be the same for the Police Department – no scheduled overtime. (LK) Adjustments in the scheduling will have to be made so that there is no scheduled overtime. (LS) We will work further on this to protect jobs and services.

Jen Tedcastle: To understand this, rather than schedule an overtime shift, we should leave the shift vacant. (LS) Per Diem can be used. Chief Johnson: The union contract specifies that full-time employees get the first “choice” on overtime and it is a violation of contract if that does not happen and grievances can be filed. (LS) Chief can you tell us how you can work with this Board with the money we have? We cannot run the Town with the money we have. Chief Johnson: The Board does not quite understand how if there is a fire, the situation works and if you do not have two people you cannot transport. This would impact our mutual aid. There would be a reduction of services. (LS) The Board has made their decision. I would like to see alternative ways to cover shifts. Do you go on calls? Chief Johnson: I am not licensed to transport.

Chief Wharem: The grant we are currently applying for and approved by the previous Board, would all be overtime. (LS) Bob, use your judgment. (LK) You need to fill the position without utilizing overtime. Chief Johnson: I will look at the schedule but it is a violation of contract if it is not first offered to full-timers. (LS) I am hard pressed to believe that no overtime would interfere with the operation of the Town. We are trying to cover the fiscal operation of the Town. Chief Johnson: My job is to let you know what I am aware of. (LS) Would you rather have one of your positions let go? Chief Johnson: This is going to cause a reduction of services. (LS) You have not answered my question. Chief Johnson: It is not my decision to make; I cannot answer that. (LS) Appreciate the fact that positions were retained.

Chief Wharem: What about when someone calls in sick? (LK) Contact the Town Administrator. (PS) will do memo to all departments on this.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 8:57 P.M.

Board returned to Public Session at 9:27 P.M.

(LK) Motion to seal Non-Public Session Minutes of March 20, 2012.
(PR) Second. Carried 4-0.

OTHER

(PR) Motion to approve FMLA leave for Kristen Ahern and Elizabeth MacGlashing. (LS) Second. Carried 4-0.

ADJOURNMENT

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

Meeting adjourned at 9:40 P.M.

Approved: April 3, 2012

______________________________ ___________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded on March 20, 2012, transcribed and publicly posted on March 27, 2012.

___________________________________________
Delores A. Fritz, Recording Secretary

III Tapes
Attachments