MARCH 31, 2009 Minutes

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

MEETING MINUTES OF TUESDAY, MARCH 31, 2009

CALL TO ORDER

Call to order at 6:00 P.M., by Linda Small, Chairman.

MEMBERS PRESENT

Linda Small (LS), Chairman, Ed Vien (EV), Vice-Chairman, Larry Konopka (LK),
Denise Morin (DM), Fred Hast (FH), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

Don Chase offered a brief update on the Ethics Committee’s first meeting and noted some amendments, which have made to the Rules of Procedure. He questioned Board as to how they would like Committee to proceed regarding Ethics training for committee members. (PS) to check method of distribution for notices and date(s) in May, perhaps an afternoon and evening meeting for this training.

AGENDA REVIEW

(LS) There have been several additions notably, Town Hall Generator, Cram Avenue, Grant Monies – Stimulus Package, and Welfare; (DM) Non-Public per RSA 91-A:3 II (e) and (PS) also Non-Public regarding personnel.

APPOINTMENTS

6:05 P.M. – Clayton Wood, Website Committee

Clayton Wood, Chairman, Website Committee related that he has been in the process of doing some research regarding televised BOS, PB and ZB meetings as well as the Metrocast franchise renewal contract. He will be meeting with the Metrocast representative in the near future to discuss the possibility of televised meetings, and noted there are various methods to accomplish this with costs that could range anywhere from $8,000 to $30,000.

He related that the contract with Metrocast will be ending on August 31, 2011 and with the Board’s approval will also be negotiating a new contract. He noted that various Towns do have “cable committees” which could be a possibility for Pittsfield or it could be incorporated into the present Website Committee. He requested to address this at the next Website Committee meeting noting that either way, he would suggest that advertising could specific “networking experience.”

Board agreed that further action on this would be pending after the Website Committee meeting.

NEW BUSINESS
Action Items

1. Employee of the Month – February

(DM) The Employee of the Month for February is Tanya Emerson of the Pittsfield Police Department. She noted that Tanya has been with the Police Department for the past six years and related the various events in which she has participated as well as the qualities and skills she brings to her position. She read into the Minutes the article that would be depicted in the Sun. (Pictures were taken of Tanya and she was congratulated by all.)

APPOINTMENTS – Continued:
.
6:10 P.M. Police Chief Robert Wharem/Response to Selectmen Inquiries

Chief Wharem explained the proposed application for the COPS Program for the retention of a full-time police officer for three years which would be fully paid by the Federal Government, provided officer completes fourth year at Town expense. He noted that deadline for this grant would be April 14th but related that he would

not really recommend this grant, as the economy cannot be predicted four years down the road. Board agreed that they would not do anything with this grant.

Chief discussed the Byrne Justice Assistance Grant (approximately $12,500) and his recommendations for processing this expenditure. He related that this would be a grant, which would have to be a joint effort with several surrounding towns, and all would have to participate in order to be granted. A portion of the grant monies would be utilized for administrative purposes and the Town of Concord would be the administrative entity in relation to the allocation of monies. He related that he felt that the monies should be dispersed to purchase teaching aids for alcohol, binge drinking and impairment, purchase of three new bulletproof vests and uniforms for the employment of three part-time new officers and finally strictly for walking patrols approximately thirty (30) hours a week for eleven (11) weeks. Board agreed they would address this matter later in the Agenda.

Chief Wharem updated the Board concerning the offer of employment for part-time officers and the status point of each of these officers.

Chief noted that he had provided the Board with information reviewing the duties assigned and the work accomplished by those police officers that were on Temporary Alternative Duty and the status of those two officers.

He related that he had submitted a review of the duties of the Executive Secretary and Administrative Assistant as requested. Board agreed that (PS) would put together a job description for the Administrative Assistant position as to what the duties would actually entail. (LS) noted she would update him on the original purpose of the position.

Chief Wharem also noted that he has presented to BOS an outline of various Highway Safety Grants they would like to apply for. Most of them are the same as in previous years and would not require any action for now. There is a grant, which they would like to apply for regarding police cruiser video equipment.

Chief also requested the use of the Building Inspector vehicle for a safety challenge competition, which will be held at the high school tomorrow. Board agreed.

INFORMATION ITEMS

2. Emergency Generator/Fire Department

Rob Miller, Southworth-Milton Cat, explained the repair history of the generator at the Fire Department noting that the extended maintenance warranty (5 years) is $1,600 and would remain in effect as long as the company carried the service contract. Mr. Miller and Board discussed services covered, costs, timeframes for servicing, weekly start-up of the generator, travel costs and the installation of a shut-off valve, which is not covered in the maintenance warranty or the service contract.

(LK) Motion to approve maintenance warranty for $1,600 for five years.
(EV) Second. Carried 5-0.

Break 8:10 P.M. Board resumed at 8:17 P.M.

Appointments Continued:

8:00 P.M. Gerard Leduc – Site Plan Review Process

Mr. Leduc noted that he had a couple of questions regarding a Site Plan Review that is scheduled in two days and which was interfered with by Fred Hast. Mr. Leduc: “The applicant had talked to the Building Inspector and then an ad was put in the paper without contacting me.”

(FH) explained that this gentleman had wanted a Site Plan Review and was on a limited time schedule. He came in several times and discussed this with Building Inspector. If people do not understand about Site Plan Review process then the Building Inspector should sit down and discuss with him. The applicant was incorrectly told it was ten working days for filing. He was scheduled for a conceptual, but because of his tight schedule, he came in and we looked at it. The surveyor had incorrectly noted the size of the structure (noted 1,500 sq. ft and it should have been 4,000 sq. ft.) Prior to conceptual, I noted the mistake, contacted surveyor and he presented corrected plans that night, but the posting in the paper and abutters had already been notified with the incorrect size. Building fits within setbacks and Planning Board questioned what they could do. The following Monday and several times thereafter, I discussed with Atty. Sanderson and he did not feel it was an issue. Gerard Leduc spoke with a colleague in his office, Christine Fillmore, who interpreted this differently. When I explained the difference in interpretation, Atty. Sanderson noted that he did not know how she could interpret it that way. Mr. Darrah called me today to notify me that “someone was on his property,” which really should not have been done.

Kyle Parker, Building Inspector, related Mr. Darrah had come in several times and was being pointed in the right direction and was receptive to this. “Mr. Hast notified me that he would handle it and took the plans from my office.”

Board agreed that it should have been outlined by Building Inspector and read into the Minutes the Rules of Procedure of the Planning Board. (PS) As a full member, Fred Hast has all the rights and privileges of any other member. All this information needs to be discussed among Planning Board members as to how they would like to conduct their business. After further discussion, Board decided that this application process should be overseen by the BI without intervention from BOS representative. Further discussion ensued between Mr. Hast and the BI and it was agreed that procedure should be followed.

(LS) I would like to say that the BOS representative does not have the right to do that. We hired Kyle and things were a mess and we hired him for his expertise. This Board can only make recommendations. We have given you the tools and how you use them is up to you.

(FH) further noted that he believed that Building Inspector should be certified soon. Eighteen months is a long time until he gets certified. (EV) I understand that Fred wanted to help. I suggest taking this instance, correct it and move on. It is not going to solve anything by not following procedure. (FH) Every application is a little bit different. Mr. Darrah noted that other projects have been pushed through in a matter of two weeks. I explained to him that I would contact LGC in reference to the posting of his application. (LS) This is not the issue. The Selectman rep should not do this again. Speaking from my own perspective, the Selectman representative should be representing position of the BOS and not his own and it should not be done again. Chief Johnson noted that applicant could be under the misconception that once the Site Plan Review is done that they could build, but this is not so. He would need the BI and Fire Department approval.

Board decided to go into Non-Public Session.

(LK) Motion to go into Non-Public Session per RSA 91-A:3 II (a).
(DM) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 8:50 P.M.

Board returned to Public Session at 9:17 P.M.

(DM) Motion to seal Non-Public Session Minutes of March 31, 2009. (EV) Second. Carried 4-1 (FH).

(EV) Motion to grant FMLA leave to Philip “Sparky” Gordon from March 14 to April 3, 2009 using vacation time first. (DM) Second. Carried 4-1 (FH)

(FH) I really cannot agree to use of vacation time first. (LS) noted that it is in the contract.

NEW BUSINESS CONTINUED

6. Library Attic Insulation

(PS) Several quotes have come in and have been given to the BI. There are several quotes including Builders Installed Products – $560. and $795, Energy Improvements, Inc. – $830, and Quality Insulation of Meredith – $1,550 that includes insulating the attic hatch with rigid insulation.

Board requested BI input on these quotes. BI “ There are old windows and radiators and blown in insulation would probably be the best though with the old windows it will make some difference but the problem will still exist.” (EV) It all has to be done; one step at a time. What is the difference between the $1,500 and $560 quotes? BI, “A better product.” Board questioned BI as to which quote he felt was adequate, “I have not reviewed them in awhile.” Board agreed that BI would be given time to review the quotes, talk to Mary Schelbe at the Library and get a timeframe that would not effect the Library hours. (DM) I would really like a recommendation from the BI. (LS) This will be tabled until next meeting.

OLD BUSINESS

1. Town Hall Improvements – Life Safety Codes

(BI) noted that he is “plugging away” at the improvements. (PS) suggested taking original report and note which ones have been accomplished and present to Board.

(LS) There is also a request for vacation for Kyle for August 17 to 21, 2009.

(LK) Motion to approve vacation for Kyle Parker for August 17 to 21, 2009.
(EV) Second. Carried 5-0.

NEW BUSINESS – Continued

5. Appointment of Fire Permit Issuing Agent

(FH) Motion to appoint Lyle Deane as Fire Permit Issuing Agent. (LK) Second. Carried 5-0.

3. Absentee Calendar Implementation

(DM) noted that the form needs to be modified which I would be happy to do. She noted that this form should be filled out by Department Heads, not employees.

7. Capital Area Public Health Network Re: Fire Chief Participation

Chief Johnson explained to Board that network participation would offer surrounding towns the opportunity to network and coordinate together on a level that could prove to be helpful in any kind of emergency. Board agreed that participation by Chief Johnson would be at his discretion.

INFORMATION ITEMS – Continued

1. Fire Department Horn

Chief Johnson explained the issues surrounding the curfew alarm noting that it has been repaired and re-activated. It was noted that it is now separate from the fire alarm system and does not affect that system at all.

ACTION ITEMS – Continued

8. Town Hall Generator

(LK) I have a quote from Pat Heffernan for $150 for installation of the cord for the transfer switch to the generator.

(LK) Motion to approve quote for $150, Pat Heffernan for installation of the cord for the transfer switch to the generator. (EV) Second. Carried 5-0.

2. Highway Safety Grant Application

(EV) Motion to approve application for Highway Safety Project Grant for $4,418.39 and authorize Chair to sign. (DM) Second. Carried 5-0.

Board noted that this would be for DWI patrols.

4. Appointments to BCEP, Conservation Commission, Parks and Recreation and Zoning Board of Adjustment

Board agreed that letters of interest should be submitted from all interested parties.

Board agreed to advertise for interested participants for the Conservation Commission, Parks and Recreation, Zoning Board of Adjustment and Planning Board. BCEP Board members have agreed that they would submit letters of interest to continue on the Board. It was decided that the deadline date would be April 17th and would be before the BOS on April 21, 2009.

9. Cram Avenue

(FH) noted that he had discussed with Sanel and they are ready to proceed. Cost is estimated at about $30,000. (EV) noted that he would like to see this in writing.

(LK) Motion to approve proceeding with project on Cram Avenue by Sanel with approval by George Bachelder, who will oversee project plans, with proviso that there will be no cost to Town. (DM) Second. Carried 5-0.

10. Signature by Board of Selectmen of MS-2.

(PS) This has been reviewed by (LS) and it is now ready for signature. (Board agreed and form was completed.)

11. Byrne Grant Proposal – Police Department

(FH) Motion to approve application for Byrne Grant proposal. (EV) Second.

Discussion: (LK) The one problem I have with this is the walking patrol. (FH) If we take this and then not use what is budgeted for this, we can use the funds for something else. This is free. We should vote for it. I say approve it and let Chief work it out. (EV) The one problem I have voting for is that I would like a complete update on the hours of the walking patrol. It should be documented that it happened. (DM) agreed she would like accountability. (LS) related that she had some reservations concerning the computer, which would require maintenance, the vests which are only good for the particular officer, though in some instances can be utilized for other individuals if the proper size, and she was unsure whether the walking patrol would be involved in overtime. This Grant should be for creating and retaining jobs and my concerns are about supplanting. I do not agree that it is right.

Vote 3-2 (LS) and (LK). Motion passes.

Board agreed that documentation could be noted on payroll slips.

12. Memorandum of Understanding Re: Byrne Grant Application

(EV) Motion to enter into agreement with Memorandum of Understanding, Byrne Grant Application with City of Concord administering the grant in the amount of $618 and authorize Chair to sign. (DM) Second. Carried 3-2 (LS) and (LK).

13. Completed State Inspection Forms RE: Inspection Station Permits

(PS) The BI has inspected these stations and they are in compliance with the Ordinance, all except Amenico – action is deferred pending further investigation.

(LK) Motion to approve PM Auto Service inspection station permit.
(EV) Second. Carried 5-0.

(FH) Motion to defer inspection station permit for Amenico. (DM) Second. Carried 5-0.

(EV) Motion to approve Dave’s Towing and D. Aube & Sons Contractors LLC if reviewed and approved by Building Inspector. (FH) Second. Motion fails 2-3 (LK), (DM) and (LS).

14. E-Mail – Donna Lane RE: Clarification of BOS Minutes for CDBG

Board agreed this would be added to the Minutes of January 27, 2009.

15. Tax Anticipation Note – BOS Signature Required

Completed by Board.

16. E-Mail – Father John Loughname RE: Cemetery Fence Damage

(PS) This was viewed by George and he is adamant that this was not caused by plowing. If it were, he would have fixed it immediately. Board agreed that (PS) would send letter to Father Loughname advising him that (EV) would contact him and perhaps, assist in correcting the fence problem.
17. Cross Country Appraisal 2009 Contract Proposal

(PS) I have discussed the necessity of a Performance Bond with David Hynes of the DRA and he has advised that there is no necessity for a Performance Bond.

(EV) Motion to approve Cross Country Appraisal 2009 Contract Proposal.
(DM) Second. Carried 5-0.

18. Welfare Claims

(FH) I would like to know the number of Welfare claims per week. (LK) Why do you want it? (DM) What is the reason for that? (FH) Someone has questioned the necessity for the number of hours. (LK) I am the Assistant Welfare Director and I know Betsey is doing a great job. (EV) I would be interested in how many, just because of the economy and how it is impacting us. (PS) Betsey does file a monthly report though she has not yet filed one for March. (LK) I believe she has been out sick.

OLD BUSINESS

1. Town Hall Improvements – Life Safety Codes) See above.
2. Capital Improvement Program ) Pending
3. Space Needs Study ) Pending
4. Sidewalk Improvement Plan ) Pending
5. Cost of Broadcasting Board Meetings ) See Appointment with
Clayton Woods-above

APPLICATIONS AND WARRANTS

1. Veteran’s Tax Credit – Tax Map R41 Lot 6-3

(LK) Motion to approve Veteran’s Tax Credit – Tax Map R41, Lot 6-3.
(EV) Second. Carried 5-0.

2. Veteran’s Tax Credit – Tax Map R-50, Lot 7-9

(DM) Motion to approve Veteran’s Tax Credit – Tax Map R-50, Lot 7-9.
(LK) Second. Carried 5-0.

3. Elderly Tax Deferral Warrant – Tax Map R28, Lot 2

(PS) this is the Warrant for the approved tax deferral from several weeks ago.

(LK) Motion to approve elderly Tax Deferral Warrant Tax Map R-28, Lot 2. (DM) Second. Carried 5-0.

4. Elderly Tax Exemption Tax Map R32, Lot 6

(DM) Motion to not approve elderly tax exemption Tax Map R32, Lot 6.
(LK) Second. Carried 5-0.

5. Elderly Tax Exemption Tax Map U6, Lot 7

(FH) Motion to approve Elderly Tax Exemption Tax Map U6, Lot 7.
(LK) Second. Carried 5-0.

CHECKS AND MANIFESTS

(DM) Motion to approve Accounts Payable and Check Manifests. (EV) Second. Carried 5-0.

(DM) Motion to approve Payroll and Direct Deposit. (EV) Second. Carried 5-0.

MINUTES

1. Public Session Minutes of March 17, 2009

(DM) Motion to approve Minutes of March 17, 2009. (EV) Second. Carried 5-0.

2. Non-Public Session Minutes of March 17, 2009

(DM) Motion to approve Non-Public Session Minutes of March 17, 2009.
(EV) Second. Carried 5-0.

PUBLIC INPUT

None.

NON-PUBLIC SESSION

None, accomplished earlier in meeting.

ADJOURNMENT

(DM) Motion to adjourn. (LK) Second. Carried 5-0.

Meeting adjourned at 10:47 P.M.

Approved: April 7, 2009

______________________________ ______________________________
Linda Small, Chairman