March 26, 2013 Minutes

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

MEETING MINUTES OF TUESDAY MARCH 26, 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,
Gerard LeDuc (GL), Al Douglas (AD), Paul Skowron (PS), Town
Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

Linda Small (LS)

PUBLIC INPUT

Fred Hast: The first thing you need is a PA system, you can’t hear in the audience. Also, you do not put your decisions in the Minutes. Mr. Hast inquired about several items on the Agenda tonight which Chairman Konopka indicated they would be discussing tonight during the Board meeting. Fred Hast: How many applications do you have for Fire Chief? (PS) About ten. Fred Hast: What is the report from Avitar regarding AHG property? (PS) That pertains to a letter filed by Jim Pritchard concerning AHG violation of current use. The assessors have made a determination that there is no current use violation. Fred Hast: How much is the TAN? (PS) About one million. Fred Hast: Have you engaged LGC regarding the Special Town Meeting – Fire Chief? (PS) No, it is just for an opinion.

Paul Richardson: I have one question. I believe Legal Counsel Walter Mitchell noted that once or twice a year he would be willing to come to Board meeting. Are you still taking him up on that? Use him. Board related that he has been here several times to talk to Board.

Chris Ward: At the Town Meeting in 2012, the Pittsfield voters voted the Fire Chief position be a full-time position. It has been the action of this Board not to fill this position. (These comments are coming from Chris Ward as a taxpayer.)

The Fire Chief is responsible for his department operation and the safety of all his firefighters. By not acting on this, you, the Board, have made the conscious decision to allow the Fire Chief position to change to part-time since May 2012 – almost twelve months ago. I believe this question came up at Town Meeting, but I am going to ask it again and hopefully I can get an answer from the Board.

“As a part-time position is it possible that there will be times that the Fire Chief will not be allowed to respond to an emergency situation to oversee emergency operations including the safety and well-being of the members of the Pittsfield Fire Department? Yes or No?

(PS) The answer is twofold. If it is someone who not a retiree of the NHRS, the chief would be available for more than 32 hours per week in the event of an emergency. If he/she is a retiree of the New Hampshire Retirement System, their hours would be limited dependent upon pending legislation anywhere from 20 to 30-32 hours; but we could still have a part time Fire Chief who is not a retiree who can work extra hours in one week and adjust his schedule accordingly in the next week.

Chris Ward: As a follow-up, I am going to ask the question again if I can. You do not have to answer me but might want to consider it if you are going through a hiring process and selecting who you are considering for a candidate whether they are going to be available and what hours they can work.

“As a part-time position, is it possible that there will be times that the Fire Chief will not be allowed to respond to an emergency situation to oversee emergency operating including the safety and well-being of the members of the Pittsfield Fie Department?”

This is a question you can think about if you would.

(LK) Even if position is full-time, I have not seen any fires that the Chief was not present at. Also, the part-time Fire Chief position that we filled in May was a part-time interim Fire Chief position until we could get to a new financial year because we were financially strapped. That was the only reason the Board did this. If we had money in the budget, it would have been a full-time right there as far as I am concerned.

Chris Ward: We are not talking about the Pittsfield Fire Department safety and well-being. There is a little bit of a difference there. That is a priority in my mind. Again, as a taxpayer, I do not think I am getting some real clear answers as to where we are headed. (LK) I was hoping for direction at the Town Meeting but the Board did not get it as to part-time or full-time Fire Chief.

Chris Ward: As a default, as a taxpayer, I would have expected the full-time Fire Chief position to be filled back in May 2012 when the full-time Fire Chief resigned. We can come up with excuses all day long why something cannot be done or we can find ways of making it happen. I just want to end by saying Thank You for your time and commitment to the Town. These are not just your problems, but our problems and challengers as a community. I am hoping we can work together and solve it.

(AD) As an interim part-time, if he can work 32 hours in this week, does he have the right not to show up at a fire in the same week? Would there be any repercussions? (PS) If he did show up, it might jeopardize his NHRS membership.

Fred Hast: Enlighten us, the Job Description says 32 hours, if there is an emergency can you use him more hours? (PS) If there is an emergency, I would think that could make a difference.

Fred Hast: At the Town Meeting enough people spoke about having a full-time Fire Chief. (LK) I thought so too, but people voted for a part-time Fire Chief.

Fred Hast: On the Agenda in Added Items, you have Brandon Guida/Return of Deposit – why are you returning it? (PS) Because he requested it. Fred Hast: Why? (PS) read from Atty. Guida’s letter ….”considering that Town for the second time could not offer a marketable title, I am asking the Town to nullify the sale and immediately return my deposit of $4,601.” Fred Hast: Why is that not a marketable title? Do you have clear title to the property? You told me it was a clear title. (LK) It was in good faith that we thought it was. Fred Hast: There are too many mistakes and it is costing the taxpayers. (LK) The property was up for sale and he was on board. Fred Hast: It should have sold at auction – no sealed bids. While I was in term, it did not go up for sale. I pushed for all the properties to be moved and now it is 5-6 years later.

Close Public Input

AGENDA REVIEW

(PS) Police Chief Request Re: Vehicle Purchase, Part-time Police Officer Appointments, Engagement of Bond Counsel, Assessor Recommendation Re: Settlement of BTLA Filing, Approval of Agreement with Avitar for Purchase and Installation of Software, Abatement Recommendations/Avitar,
Brandon Guida/Return of Deposit, Non-Public Town Attorney.

APPOINTMENT

6:10 P.M.: Non-Public Session with Legal Counsel

(LK) This has been postponed to a later time during the meeting.

NEW BUSINESS
ACTION ITEMS

1. Appointment of Health Officer/Deputy Health Officer

(LK) Last week, the Board appointed all the Board members as the Health Officer and did not appoint Jesse Pacheco as Deputy Health Officer.

(EN) Motion to appoint Jesse Pacheco as Deputy Health Officer.
(GL) Second. Carried 4-0.

(EN) Motion to appoint the Pittsfield Board of Selectmen as Health Officer.
(AD) Second. Carried 4-0.

2. Discussion Re: Special Town Meeting – Fire Chief Position
3. Study Committee RE: Classification of Fire Chief
4. Fire Chief Job Description

(PS) There is an E-Mail in your package from Shelley Gertarneau, Municipal Accounts Advisor, NHDRA which is more enlightening and informative than that received from LGC. The Board asked me to check with them about having a Special Town Meeting regarding the Fire Chief position. Town could hold a Special Town Meeting and pose the question following the process in the Statutes. The information is here before the Board if you would like to consider moving forward on this.

(LK) We could hold a Special Town Meeting and ask a simple question. Do you want a full-time or part-time Fire Chief? (AD) Just for this position. (EN) I know the people want a full-time Fire Chief. (LK) We will be asking them for clear direction. Chief DeSilva: I think it would be a “slam dunk” vote on the article. (LK) We probably should not go forward with part-time applications. (AD) I agree. The RSA’s will guide us through this. (LK) We will make it simple. (AD) I would like to make sure that we do the right steps. (LK) We can advertise it in the paper, Channel 24, Website, etc. How soon afterwards can you hold a town meeting? (Fred Hast: From the audience: Do it in a month.) (PS) I will check the Statutes and advise you. (GL) We need a logical time line.

(EN) Motion to approve holding a Special Town Meeting concerning the Fire Chief position. (GL) Second. Carried 4-0.

(LK) The question asked will be do you want a full-time or part-time Fire Chief?

Gary Mullin (from audience): Will it be a secret ballot or card vote? (AD) It can be a secret ballot if people want it.

Public Input

(LK) It will be in May and the Job Description will be ready which covers duties for full-time and part-time position.

Chris Ward: If I might ask, I would like to clarify what they voted on Article 21? Having it full-time till January 1, 2014 is confusing. It would be helpful to clarify what we are voting for. (EN) We do not want to confuse people with a warrant article. Do you have any ideas?

Fred Hast: You are missing one thing on the Job Description and that is residency. The individual should be close – no more than 10-15 miles radius. That is missing in the Job Description.

Public Input Closed

5. Agreement for Engineering Services/Safe Routes to School Project

(PS) This is the Engineering Services Agreement which requires authorization for Chair to sign document for Safe Routes to School Project. The Town has been working on this for quite a period of time.

(AD) Motion to approve DuBois & King Inc. Engineering Services Agreement for Safe Routes to School Project and authorize Chair to sign. (GL) Second.
Carried 4-0.

Discussion: (PS) George did not participate in this process. This was reviewed by Matt Monahan, Nick Coates and myself. (AD) Does it require a road agent?
(PS) No it does not. It requires a certified individual to oversee the project which happens to be me. This will go through a structured process.

6. Salt Shed Damage/Insurance Reimbursement

(PS) This was on the Agenda last week; it was given to the Building Inspector for review with no negative comments. It is here tonight for Board to accept the claim estimate payment of $5,824. (EN) We can accept this now and then it can go to bid.

(EN) Motion to $5,824 insurance estimate for Salt Shed damage. (GL) Second. Carried 4-0.

7. AHG Request of the Selectmen

(EN) I was at the Planning Board last Thursday and they are having a meeting on April 4th to address this. Request to table this till after their meeting.

(EN) Motion to table AHG Request of the Selectmen. (GL) Second. Carried 4-0.

8. B.C.E.P. Appointments

(PS) I have contacted the previous Town Representative and Budget Committee Representative to request if they would like to be re-appointed. Mark Riel has declined and Carol Allheiser has not yet responded. We can advertise for the positions or it can be on the next Agenda. It will be for Alternate Town Representative (one year) and Budget Committee Representative (one year.)

(EN) We could ask Ed Vien if he would be interested.

(EN) Motion that if above mentioned individuals decline, approval to advertise in The Sun. (GL) Second. Carried 4-0.

9. Status of 36 Loudon Road

(PS) After meeting with Laura Spector, Cara, Erica and myself, it is being requested that Town issue a corrected Deed to be filed with the Registry. (AD) Why are we asking for a corrected Deed? (PS) explained the reason and the process to follow that will need to be followed for this property. The corrected Deed will be done and notices sent out regarding the sale of the property.

(LK) For future reference, can the properties be cleared by the title company before they are put up for auction? (PS) If you would like to spend the money you can. (LK) In the long term, it would save money. When we auction off the property can we include the title company fees? (PS) Yes, as long as we disclose it at the beginning of the sale. (LK) I am not comfortable selling any more properties without a title company reviewing it. We have talked about auctioning off these properties and we can note at the time of the sale that the title search fees will also be due. It would be well worth it. It was a good idea by Fred Hast to auction the properties off rather than sell them as a sealed bid. (PS) It does not require a title search but does require the lienholders to be notified.

10. Committee to Review the Process Undertaken for the Purchase of the Ambulance

(LK) I have gone through all the breakdown of costs. Chief DeSilva: The bottom line is that they are all basically the same. Jim Girard is here to answer any questions you might have. It should be noted that Braun has indicated that they will try and get an additional amount for the trade-in. They also indicated that we could purchase a 2014 vehicle at no additional costs to the Town. Jim Girard: The Committee reviewed all three companies and is recommending that the Braun would be the best purchase. Chief DeSilva: It should also be noted that the PL Custom is not the complete bid. I have dealt with this type of vehicle in the past, and have not been satisfied with the product. I am not confident recommending the PL Custom.

Public Input

None.

Public Input closed.

(EN) Motion to approve purchase of Braun, Bulldog Fire Apparatus, 2014 Chevy G4500 Monitor and Equipment for $226,226.67. (AD) Second.
Carried 4-0.

(LK) Thank you to everyone for the extra work. Thank you Chief also; I know Thursday is your last day. (PS) to send letter of Thank You.

11. Committee to Review the Cost to Purchase and Operate Pittsfield Aqueduct

(LK) We could advertise should anyone be interested in being on this committee. Board agreed.

(EN) Motion to advertise in paper for committee members to review the cost to purchase and operate Pittsfield Aqueduct. (GL) Second. Carried 4-0.

(GL) I would like to volunteer to be the Board representative.

(EN) Motion to approve Gerard LeDuc as Board representative to committee to review the cost to purchase and operate the Pittsfield Aqueduct. (LK) Second. Carried 4-0.

12. Zoning Board Decision

(PS) This was on the Agenda last week and has been taken care of.

13. Board of Selectmen to Execute MS-2

(PS) This is for the Board to sign and submit to DRA. Everything is in order.

(EN) Motion to approve MS-2 and authorize Board members to sign document. (GL) Second. Carried 4-0.

14. Police Chief Request Re: Vehicle Purchase

Chief Wharem: We have received an E-Mail from Irwin Automotive Group regarding the type of cruiser we would like to order for which the deadline is
April 12, 2013. I am requesting that the BOS authorize the ordering of the vehicle so that we can get the car that we want. We would like to order the 2013 For Interceptor to replace the Explorer. Eventually, we would like to use it as the ACO vehicle and sell the van which is not good in winter months.

(EN) Motion to approve purchase of 2013 Ford Interceptor for Police Department and authorize Chief Wharem to purchase vehicle. (AD) Second. Carried 4-0.

15. Part-Time Police Officer Appointments

Chief Wharem: This is for the re-appointment of the part-time police officers. I am asking Board to authorize the re-appoint these officers/

(GL) Motion to appoint part-time officer Robert Gauthier Pittsfield Police
Department. Motion fails because of lack of Second.

(GL) Motion to re-appoint part time Officers Robert Gauthier, Jason Darrah, Justin Swift, Joseph McDowell and James Wilson to the Pittsfield Police Department till March 31, 2014. (EN) Second. Carried 4-0.

Discussion:

(AD) Are there a set number of hours each officer works? Chief Wharem: 20-24 hours collectively. We are using them now to fill in shifts because of the officers that we have out on sick leave. We are following the Union Contract and using the full-time officers as much as possible so the hours fluctuate.

Chief Wharem indicated that he had a Non-Public issue to address with the Board.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 7:09 P.M.

Board returned to Public Session at 8:12 P.M.

(GL) Motion to seal Non-Public Session Minutes of March 26, 2013.
(EN) Second. Carried 4-0.

Break 8:17 P.M. Resume at 8:20 P.M.

NEW BUSINESS – Action Items Continued

16. Engagement of Bond Counsel

(EN) Motion to approve Devine Millimet and authorize Chair to sign Engagement Letter for TAN Note. (AD) Second. Carried 4-0.

17. Assessor Recommendation Re: Settlement of BTLA Filing

(PS) Avitar has recommended settlement of BTLA filing for Thomas Hogan & Craig Morton.

(EN) Motion to approve recommended abatement per Avitar for BTLA filing for Thomas Hogan & Craig Morton. (GL) Second. Carried 4-0.

18. Approval of Agreement with Avitar for Purchase and Installation of Software

(PS) This software was approved at Town Meeting and is here for your signature.

(EN) Motion to approve Avitar Tax Collector & Utility Billing Software Agreement installation as approved at Town Meeting for $9,900 and authorize Board of Selectmen to sign. (GL) Second. After Discussion: Carried 4-0.

Discussion:

(AD) Do we see adding any additional work stations? There is an additional cost of $250 per work station. (PS) No, no additional work stations will be added.

19. Abatement Recommendations/Avitar

(EN) Motion to not approve abatements as recommended by Avitar. (See attached.) (AD) Second. Carried 4-0.

(EN) Motion to approve abatements as recommended by Avitar. (See attached.) (AD) Second. Carried 4-0.

Board agreed that they are very happy with the assessments of Avitar.

20. Brandon Guida – Return of Deposit

(PS) Brandon Guida has requested to nullify his sale and return his deposit of $4,601.

(GL) Motion to nullify sale of 36 Loudon Road and return deposit of $4,601 to Brandon Guida. (EN) Second. Carried 4-0.

21. Non-Public – Town Attorney

Non-Public phone conference.

INFORMATION ITEMS

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

(EN) I have attended my first meeting of the Planning Board as Selectmen’s representative. The meeting went fairly well though I did have to call a Point of Order when Jim Pritchard spoke after recusing himself. (PS) noted that issue was addressed by Laura Spector in a recent memo. (AD) In other towns, when an individual recuses himself he leaves the room entirely. The recused person should not be a participant on the subject. (EN) requested a copy of the Memo from Town Counsel on this. (PS) to do.

2. Report from Avitar Re: AHG Property Preparation Question

(PS) Jim Pritchard had filed a complaint which has been referred to Avitar regarding AHG property and the answer is that they have not violated current use property. (PS) to send letter to Mr. Pritchard concerning this.

APPLICATIONS and WARRANTS

1. Request for Extension of Intent to Cut Tax Map R18, Lot 5

(PS) Mr. Eric Oxman has requested an extension of Intent to Cut Tax Map R18, Lot 5. (EN) Would there be any penalties for this? (PS) No.

(EN) Motion to grant request for extension of Intent to Cut Tax Map R18, Lot 5 for ninety (90) days. (GL) Second. Carried 4-0.

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Session Minutes February 19, 2013 and March 5, 2013.

Minutes of March 19, 2013 are not available.

(GL) Motion to approve Public Session Minutes of February 19, 2013.
(EN) Second. Carried 2-0. (GL) & (AD) Abstain.

(GL) Motion to approve Public Session Minutes of March 5, 2013.
(EN) Second. Carried 3-0. (AD) Abstain.

2. Non-Public Session Minutes of March 5, 2013

(GL) Motion to approve Non-Public Session Minutes of March 5, 2013.
(EN) Second. Carried 3-0. (AD) Abstain.

OTHER

1. Library

(EN) I have distributed some pictures of the Library. We need to get the architect on board and get contract in place. Board agreed.

2. Pennichuck Aqueduct

It was noted that George Sansoucy, Engineer had orchestrated the Nashua takeover of Pennichuck and Board agreed they should contact him to proceed with Pittsfield.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 8:45 P.M.
Board returned to Public Session at 8:57 P.M.

(GL) Motion to seal Non-Public Session of March 26, 2013. (EN) Second. Carried 4-0.

ADJOURNMENT

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

Board adjourned meeting at 9:00 P.M.

Approved: April 2, 2013

____________________________ _________________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on March 26, 2013, transcribed and public posted on April 1, 2013.

__________________________________________
Delores A. Fritz, Recording Secretary

II Tapes
Attachment