TOWN OF PITTSFIELD
BOARD OF SELECTMAN
TOWN HALL, 85 MAIN STREET
PITTSFIELD, NH 03263
_____________________________________________________________
MEETING MINUTES OF MARCH 4, 2008
CALL TO ORDER
.
Call to order at 6:00 P.M., by Arthur Morse, Chairman.
MEMBERS PRESENT
Arthur Morse (AM), Chairman, Larry Konopka (LK), Vice-Chairman, Linda
Small (LS), Ed Vien (EV), John Lenaerts (JL), Leon Kenison (LKe), Town
Administrator, and Delores Fritz, Recording Secretary.
MEMBERS ABSENT
None.
PUBLIC INPUT
None.
AGENDA REVIEW
(LS) PEDC, and Non-Public – Employee; (LK) Two Non-Public © and (d);
(AM) Designation of coverage on Election Day; (LKe) Terry Donovan –
Presence tonight, Jim Pritchard Petition received yesterday, Request of sale
of old snow plow, Memo re: Holiday and Sick Time Pay, Police
Department Monthly Report, Request of Police Chief vacation next week,
Link for Map of Town Meeting, Staff Meeting Minutes February 26th.
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APPOINTMENT
7:00 P.M. Rescheduled AFT-NH, Grievance (Appeal of Decision – Possible
Non-Public)
To be addressed later in the meeting.
NEW BUSINESS
ACTION ITEMS
1. Review February 26, 2008 Vote of Payroll
(LKe) BOS approved payroll subject to review of two different pay sheets to
make certain that the Teamsters’ Contract 2006, which is currently in effect,
relating to this issue covers these issues. That Contract allows for four
10-hour shifts. (LS) It doesn’t constitute ten-hour holiday pay and it is not
clearly defined as to what a holiday is. The labor law attorney has suggested
paying it and then sending Memo so that all parties are clear on this matter.
The other piece is the 12-hour sick pay on the holiday, which should not
have gone out. (LKe) This was a conditional approval and I think we need
to resolve this.
(LS) Motion to approve ten-hour holiday pay for police officer.
(EV) Second. Carried 4-0.
2. Request for Approval – Sunrise Farmer’s Market
(LKe) related that this is their annual request and plan to operate it as well
this year hoping that the snow will be gone by then. It will be at the same
location from June 19 to October 9, 2008 reminding them that they do need
to get Parks and Recreation approval.
(EV) Motion to approve request for Sunrise Farmer’s Market with the
approval of Parks and Recreation. (JL) Second. Carried 4 -0.
(AM) noted that this is a positive thing for the Town and recommended
some consideration be given to see how Town could bolster this endeavor.
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3. Chief Wharem Memo Regarding Towing Companies
(LKe) noted that he had discussed this with the Chief since late fall
regarding the situation relative to the Town. There is an issue that those
companies called (Dave’s Towing and Pittsfield Towing) have either not
responded or not done so in a timely manner. The other problem is the
amount of insurance coverage. The Town’s policy notes that they must
carry minimum insurance and the problem is that both companies are single
employee firms. We require that they carry Worker’s Compensation
insurance and neither one of these companies have it. Pittsfield Towing
needs to update to Town’s minimum requirements and is in the process of
doing this. The question is “Do you want these proprietors to have Workers’
Compensation, which is quite an additional cost?” The Board can insist on
this or grant waivers. (LK) noted that a new law has been passed requiring
every company owner to have Workers’ Compensation. I really believe that
we should stick to that requirement. (LS) noted that if we did not and
something happens, it would fall back on us. (AM) noted that with this new
law the owner cannot collect it. It seems strange we ask someone to do that
and they cannot collect it. I believe that they are trying to repeal this law.
Independent contractors cannot collect but must pay for it. (EV) related that
these are single person proprietors and have no back up if they are out of
town. (LKe) noted that they are sole proprietors and they are the only ones
who can operate the trucks. (LS) Leon should look into t his and find a way
to figure this out, and if it is required, they should have it. If there is no law,
then they can request a Waiver. (JL) questioned what the cost for this would
be? (LK) noted it was dependent upon the type of business. (AM) Leon to
look into it to see if we can make it work.
4. Timber Tax Levy – R-14, Lot 1.
(EV) Motion to approve Timber Tax Levy – Tax Map R-14, Lot 1 in the
amount of $613.83. (LS) Second. Carried 4-0.
5. Elderly Tax Deferral – Charles and Esther Watson
(LKe) This is a total deferment of $72,851 and if approved $78,986.19.
(LS) Motion to approved Elderly Tax Deferral of Charles and Esther
Watson. (LK) Second. After discussion: Carried 4 -0.
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Discussion:
(LS) wanted to know exactly how does this work? I understand that this has
been done for years. What is the criteria and how long is it deferred for?
How does this work? (LKe) noted it is deferred until property is sold or is in
estate. At that point, claims on the property are deducted from the amount
of sale. The tax deferral cannot exceed 85% of the equity value.
6. Application for Elderly Exemption – Andrew and Anna Messier
(LKe) The application is for $50,000 and they meet the qualifications for
assets.
(JL) Motion to approve application for elderly exemption – Andrew and
Anna Messier in the sum of $50,000. (LK) Second. Carried 4 -0.
7. Welfare Lien – 62 Leavitt Road, Unit #3
(LS) Motion to accept Welfare Lien – 62 Leavitt Road, Unit #3.
(LK) Second. Carried 4-0.
(LKe) This is in the amount of $292.82.
8. PEDC
(LS) noted that is non-profit and has been established in order to work with
Town and assist with development in Town. I would like the Board’s
comments on this. It is basically set up so if we want to purchase a property
it can be done without being public so that the “price does not go up.” We
will be able to move forward on projects in Town. There is one currently in
existence – The Pittsfield Center Development Corporation from 1982
which is different in purpose. (LKe) noted that one of the things it can be is
the holder of Titles to properties without Town being in liability situation
and business can be conducted without right-to-know law. It would not be
in the public arena. It enables folks to sit down and talk without being pu t
on the record. (AM) noted that he would be concerned about conflict
between the two groups. “The purpose is good, but it also should not create
difficulties down the road.” (LKe) noted that the name is Pittsfield Center
Development Corporation and has very specific and narrowly defined
interests. It is different than the Pittsfield Economic Development
Corporation, which has a much broader scope. He noted that quite possibly
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both could jointly do things. There is no competition involved. Linda has
discussed this with the existing group. The new one might have some of the
same interests. (JL) “Does the Pittsfield Center Development Corporation
have assets? (AM) “Some.”
(EV) After meeting with them, they are happy with what they are doing
now, so starting a new one will cause no friction. (AM) presented a scenario
and questioned how conflict would be resolved. (LKe) noted it would be
dependent upon the stewards of both groups. (AM) reminded that some of
these individuals are volunteers and that others are appointed. (LS) noted
that there is always a chance of conflict. In these instances, it would just
have to be worked out. The Pittsfield Center Development Corporation is
privately owned and operated. The current one is a lot different. We want
to move forward on this and get this approved so we can do some projects.
(EV) suggested contacting Town counsel and (JL) suggested asking them to
review the documents for both. (AM) noted that, unfortunately, things do
happen and cautioned the Board in going forward on this. (LS) suggested
(LKe) look into this and help alleviate some of these concerns. (AM) noted
that maybe designing an arbitration process. (LS) suggested that maybe a
member could be on the Board of Directors. Board was other wise agreeable
with the concept.
9. Jim Pritchard Petition to do away with Special Town Meeting
(LKe) noted the history of reasons the Special Town Meeting was scheduled
including the original Petition, improper posting and the recommendation of
the Town counsel to have a Special Town Meeting, which was scheduled for
April 15th. He related that Mr. Pritchard has requested several times that the
Petition articles not go forward.
Yesterday, I received a letter dated March 3rd with a request, which included
29 of the 34 original signatures on the Petition itself that it be taken off the
ballot at the Special Town Meeting. I have checked with Town counsel and
it is noted that no specific Statute exists that would cover this type of
situation. Town counsel feels that the Board of Selectmen has good reason
for taking action to withdraw this Petition.
(LK) Motion: In light of the Petition submitted by 29 of the 34 original
petitioners asking this Board to not put forth the petitioned zoning
amendment submitted by lead petitioner, Jim Pritchard, at the April 15, 2008
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Special Town Meeting, I move that this Board agree to that request and that
we not place the proposed zoning amendment on the ballot for the Special
Town Meeting. (JL) Second. Carried 4-0.
(LS) What does this do to the Special Town Meeting? (LKe) related that
the Floodplain Plan will be on this ballot otherwise private landowners
would be at risk regarding flood insurance; and the Town would be at risk
for not receiving flood monies and grants as well. This would not be in
effect until late fall, so I think we should continue with this to satisfy FEMA.
As you know, the recommendation to the Planning Board by the CNHRPC
in regard to the “ Site Plan Review Required” amendment has some defects
and it is to be requested to be withdrawn. (LS) questioned (LKe) if he had
resolved this with the CNHRPC? (LKe) noted that he had contacted them
and they were a little surprised regarding this matter. In the future, it will be
noted by them that these “suggestions” be routinely checked by Town
counsel before going forward. (AM) requested that (LKe) please draft a
press release explaining the “FEMA” requirements.
10. Old Town Plow
(LKe) noted that there is a number of old Town equipment pieces that are
not being currently used. The one in question is an older ten-foot snowplow
that Tom Marston has an interest in purchasing. It is a 28 year old, well –
used snowplow and is small in comparison to which is being utilized today.
H.B. Fairfield Company assessed the plow and placed a value of $500-800
on it. Tom Marston has offered $500 for it.
(LS) Motion we sell this snowplow to Tom Marston in the amount of $500.
(EV) Second. Carried 4-0.
(AM) noted that he did have some concerns that the plow was purcha sed by
Tom Marston and no one else had the opportunity to bid on it.
11. Holiday and Sick Time Pay Memo
(LKe) noted that this Memo has been drafted and now redrafted and is ready
for any BOS recommendations and/or vote.
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(LK) Motion to approve the Holiday and Sick Time Pay Memo.
(EV) Second. Carried 4-0.
(LS) noted in regard to this, the request of Chief of Police for time off, it was
originally comp time and now has been changed. It was put in the Memo to
BOS as comp time and now he has changed his request. BOS should stick
what he originally requested. I would rather see it as comp time. As of the
first of this year, additional comp time cannot be accrued. “Leon, this
Memo will be going out with this week’s check?” (LKe) “Yes.”
12. Board of Selectman Coverage for Election Day
Board noted the following schedule for Election Day coverage:
Larry Konopka 8:00 A.M. to 10:00 A.M.
John Lenaerts 10:00 A.M. to 1:00 P.M.
Linda Small 1:00 P.M. to 3:00 P.M.
Ed Vien 3:00 P.M. to 4-5:00 P.M.
Art Morse 5:00 P.M. to Closing
INFORMATION ITEMS
1. Police Department Arrest Log February 12-23, 2008
(LKe) This includes the usual information.
2. Town Counsel Advice – Zoning Amendment Proposal
(LKe) This has already been addressed previously in meeting.
3. Town Counsel Advice – Alternate Members Planning Board
(LKe) This is actually something that has been requested for the Planning
Board, but I would like to share with the Board. For Your Information: The
Planning Board gets to appoint all new Alternates, and the existing ones
(unless they are reappointed) lose their positions. Elected Planning Board
fills all Alternate positions. (Per Laura A. Specter, Esq., Mitchell & Bates).
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4. Accident Info – Town Ambulance
(LKe) explained to BOS the occurrence involving the ambulance and their
involvement in a recent accident. He noted a young lady, inexperienced in
driving, was involved with some damage involving the ambulance as well as
her vehicle.
5. Police Department Monthly Report
This is the monthly report for February.
6. Town Meeting Map
(LKe) related that LGC and Public Radio have now released the link
information, which is: WWW.NHPR.org/node/15156. This will denote the
highlights of the individual towns and will offer space for people comments.
7. Staff Meeting Minutes – February 26th
(EV) It notes in meeting minutes that Betsey noted that there are some new
rentals to be checked out. (LKe) These are known as stealth rentals, which
have not gone through the registering process and are to be investigated. It
will be necessary that they file the appropriate paperwork to bring their
rentals into compliance. These individuals have been advised and HSA will
follow through with this.
OLD BUSINESS
1. Capital Improvement Plan Status
(LKe) To be addressed at future BOS meeting.
2. Space Needs Study
(LKe) to be addressed in the near future. It is noted, however, that the
Master Plan Committee has contacted several departments in relation to
space needs. (LS) It is a shame that we have not yet been able to locate the
Space Needs Committee document. This demonstrated a lot of hard work
and now is not available.
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3. WWTP Plan Status
(LKe) Future meeting.
4. Appeal of Decision – Grievance
(LKe) It is noted that Terry Donovan will not be present tonight due to
transportation issues, but requests Board proceed with this as planned.
(EV) noted that they had requested to come in and talk to us regarding this
grievance. I still would like to hear their side of it and they should come in to
discuss with us. (LS) noted that she had contacted the Department of Labor,
Devine, Millimet and Branch as well as several other labor contacts and they
all agree that we have the right to implement these changes. She no ted that
one of the contracts is retroactive to January 2008 and the other one is
effective in 13th week.
(AM) If we do nothing, does that take care of it? We have asked them to
come in and they have not come in. It was agreed that the Board does not
have to do anything more and no further action is required.
APPLICATIONS AND WARRANTS
None.
(LS) questioned the current application that is awaiting signatures of BOS.
She noted that the way it has been worded by Chief is way too broad.
(AM) noted that he felt there was some difficulty with the purpose.
(EV) What is the difference between a Sports Bar and a Restaurant with two
to three machines? I think that a Sports Bar you could have a drink and play
the machines but in a restaurant you would have to also have food involved
and could also have drinks. (AM) requested (LKe) to check into what
original application was approved for and if Sports Bar has been created as
part of restaurant, how do we enforce the differences? It was suggested that
Building Inspector also find out what is actually going on in the
establishment.
(AM) to sign Highway Safety Grant, which has been approved by Board at
previous meeting.
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CHECKS AND MANIFESTS
(LS) Motion to approve Accounts Payable. (EV) Second. Carr ied 4-0.
(LS) Motion to approve Payroll. (EV) Second. Carried 4-0.
MINUTES
1. Public Session Minutes of February 26,2008
(LK) Motion to approve Public Session Minutes of February 26, 2008.
(LS) Second. A few “word” mistakes were noted. Carried 3 -0,
(JL) Abstain.
2. Non-Public Session Minutes of February 26, 2008
To be discussed in Non-Public Session.
PUBLIC INPUT
Maurice Wells questioned whether Board has gotten to the two True/False
statements he supposedly made as noted by Chief Wharem. (AM) e xplained
that the Board would be addressing this in Non-Public Session tonight.
Mr. Wells also noted that PCDC is a corporation and Paul Richardson would
have the Minutes. “You should see him and he will give you that
information.”
Mr. Wells also sought some information regarding the WWTP truck which
was being used as an “emergency truck” and who was driving it and the rate
of pay that was being paid. (LKe) noted that a Town employee was
operating it rather than hire someone else to drive it and was being paid
through Highway Department account. Mr. Wells noted that he had a
similar problem ten to twelve years ago with Ron Vien.
Maurice Wells, “Did anyone notice how the place was shoveled out last
weekend?” (LK) noted that he did notice that it was shoveled out and did
not know who accomplished this. Mr. Wells noted, “Last Tuesday, you
were out shoveling the walkway and I was cleaning snow off my truck, and
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you looked at me like you wanted me to help you.” (LK) noted, “I wouldn’t
ask you to do that. I am sorry that you feel that way?”
Don Chase addressed Art Morse, “Thank you for your three years of service.
It has been a pleasure agreeing and disagreeing with you.
On another note, when Zoya’s first opened up, they had a bar in there and
you could go in and have a drink with no food involved. There was also
Karaoke. I think their license must cover that.” (EV) wanted to assure Mr.
Chase that he was not saying that there was anything wrong but just wanted
to be sure that everything was covered.
Denise Morin related that she, too, would like to say “Thank You” to Art
Morse noting that it has been very interesting attending the meetings.
Close Public Input
NON-PUBLIC SESSION
(LK) Motion to go into Non-Public Session per RSA 91-A:3, II (a), (c) and
(d). (JL) Second. Carried 4-0. Members of the Board were polled
individually and all agreed.
Break 7:20 P.M. Board resumed Non-Public Session at 7:25 P.M.
PUBLIC SESSION RESUMED
Public Session resumed at 7:50 P.M.
(LK) Motion to approve Non-Public Session Minutes of February 26, 2008.
(EV) Second. Carried 3-0, (JL) Abstain.
(LS) Motion to seal Non-Public Session Minutes of February 26, 2008.
(EV) Second. Carried 3-0, (JL) Abstain.
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ADJOURNMENT
(EV) Motion to adjourn. (LK) Second. Carried 4-0.
Meeting adjourned at 8:00 P.M.
Approved: March 18, 2008
____________________________ _________________________
Larry Konopka, Vice Chairman Date