May 1, 2012 Minutes

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

MEETING MINUTES OF TUESDAY, MAY 1, 2012

CALL TO ORDER

Call to order at 6:00 P.M. by Larry Konopka, Chairman. Meeting was held at the Pittsfield Middle High School, 23 Oneida Street, Pittsfield, NH 03263.

MEMBERS PRESENT

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

MEMBERS ABSENT

None.

PUBLIC INPUT

Fred Hast: Going back to what Ms. Small said at the Town Meeting that she had a plan to cut $125,000 from the budget, if you have people leave the department are you going to shorten up the man hours? Are you going to cut shifts out? We’ve lost two people so far.

In the long term view, you proposed cuts to the Town Clerk/Tax Collector budget by $9,000. How are you going to cover these benefits? (PS) There is a net savings of between $4-5,000. The Town Clerk chose buyout. Fred Hast: So you are adding $4,000. (PS) No, the net savings were between $4-5,000. Fred Hast compared the previous Town Clerk salary with the current Town Clerk salary. Did you offer her retirement? (PS) Yes. Fred Hast: These numbers do not jive. The insurance money, where did you get that? (PS) AFT-NH applied Town portion premium costs reduced by 85%.

Fred Hast: Overtime – I never realized Fire Department got overtime. (PS) It was the Ambulance. Fred Hast: You can’t touch that $28,000. You found out what happens when you did it to the Police Department. Is that safe? The Highway Department – do they get eight hours in and then shut down and go home?
(LK) Fred, you have a lot of questions, if you will write them down we will address them. It was never said that there was a plan. (LS) The Minutes and the tapes were pulled and it was never stated that there was a plan. Fred Hast: You are cutting Highway and Sewer, how many more employees are you going to lose? (LK) Fred, you sat on the Board when it was proposed cutting three positions. Fred Hast: I was against that. You should put it in the budget. You proposed a cut of $125,000 and $30,000 of that is not tax money. How are you going to run this Town? (LS) We are working on it. The voters also voted to cut the $125,000.

Fred Hast: Reliable sources said they heard that you had a plan. When someone is asking you a question on what you are doing, you should recognize it at that time and not wait until later during the second Public Input to respond. I would like to see you answer questions when asked. Did someone listen to the tape of the Town Meeting? (PR) Yes, I questioned it about four to five weeks ago. I researched it and checked it out at that time. Sometimes we hear what we want to her, but it was never stated that there was a plan.

Close Public Input

AGENDA REVIEW

(PS) Non-Public; (LK) Location of Future Board Meetings; Information Item with Building Inspector, Policy for Communication Releases and Non-Public, (PS) FMLA leave.

PUBLIC HEARING

1. 6:02 P.M.: Acceptance of $5,000 Gift from Sanderson Fund for K-9 Program

Open Public Hearing

No comments.

Close Public Hearing

(GL) Motion to approve acceptance of $5,000 gift from Sanderson Fund for
K-9 Program. (EN) Second. Carried 4-0.

2. 6:04 P.M.: Acceptance of $25,000 Gift from the Pittsfield Firefighter’s Association

(LS) read into the Minutes the Public Hearing Notice. (See attached.)
(LK) it is noted that notice says Town Hall but it is posted that the meeting is here at the school.

Open Public Hearing

Fred Hast: What is the sum of $25,000 for? (LK) read from the notice the gift information pertaining to labor and materials. Fred Hast: So it is contracted out? (PS) What the Board is accepting is a gift of labor and materials valued at $25,000. Fred Hast: So there are no monetary funds involved? (PS) No.

Close Public Hearing (6:18 P.M.)

(PR) Motion to approve acceptance of $25,000 gift from the Pittsfield Firefighter’s Association in the form of labor and materials. (GL) Second. Carried 5-0.

(PS) to send letter of thank you to Pittsfield Firefighter Association.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 6:20 P.M.

Board returned to Public Session at 6:39 P.M.

(GL) Motion to seal Non-Public Session Minutes of May 1, 2012.
(LS) Second. Carried 4-0 (EN) Abstain.

NEW BUSINESS
ACTION ITEMS

1. Application for Driveway Permit for Pump Station Project

(PS) Driveway Permit is required for the S. Main Street Pump Station. (PR) Is there not one now? (PS) Yes, but it is a new project and State always defines what you will be allowed jurisdiction of.

(EN) Motion to approve Driveway Permit for S. Main Street Pump Station and authorize Chair to sign. (GL) Second. Carried 5-0.

2. Proposal Re: Reconstruction of Wildwood Drive

(PS) This is the proposal submitted by George for the reconstruction of Wildwood Drive. (See attached.)

George Bachelder: This is scaled back from the original project as it will save money and is similar to what was accomplished in Winsumvale. We will top it in a year or two. It will save Town $100,000. I do not trust the weather pattern and I do not want to come up short on the budget. We can do it over a period of a couple years. (PS) George can accomplish a large majority of it this year and topcoat next year. The money is encumbered and it will provide Board some flexibility in achieving savings. George has done due diligence with this project which will satisfy the neighborhood and Town. (LS) I have looked at the encumbrances from prior years and we have enough to do this project without significantly affecting the 2012 highway budget. George, thank you for working with us. (PS) George is looking for approval.

(LS) Motion to approve using 2009 – 2011 encumbrances first for Wildwood Drive reconstruction. (GL) Second. Carried 5-0.

Discussion: (PR) Exactly what will this do? How will it be built up? George explained that it would be tarred but just not the final tarring. It is a rugged mix and we will put the topcoat on it later. (PR) The residents up there were promised years ago that this would be done. George: It should be noted that this is based on last year’s bid for products. The actual bid might be more.

3. Action on Abatement Applications Filed for 2011 Tax Year

(PS) You have the summary sheet for the abatements filed in 2011. Your decision tonight will be to grant/deny. You will note the value, assessor’s recommendation and changes. The appealed value is $9.6 M, assessor’s recommendation is $8.3M making a difference of $1.3M. (See attached.)

(LS) Motion to approve abatement applications for 2011 tax year ($1,327,842.) (EN) Second. Carried 5-0.

(LS) I do not see anything out of line. (PR) Out of 34 applications about half were approved and half were denies.

4. Retention of Legal Counsel for Labor and Personnel Issues

(PS) There has been an unfair labor practice complaint filed. The PERLB notice is posted at the Town Hall for review. In the past, the Board has sought outside legal counsel as the Mitchell Group conveys they do not carry expertise in labor law. We have utilized a larger firm in the past but they have now merged with another firm. Some counsel represent employees but fewer represent employers. We have retained an individual who has a great deal of civil and public experience. I highly recommend him to the Board. (PR) He is very active in the community and has served as city attorney for 35 years.

(PR) Motion to approve retaining Paul T. Fitzgerald, Esq. for labor issues.
(GL) Second. Carried 5-0.

5. Resident letter Re: Back Taxes from Previous Owner-R34-Lot 30-T11

(PS) There is a letter from an individual, Wanda Mullen, who offers a history pertaining to mobile home property in Pittsfield. She has advised that the back taxes on the property have not been paid and have been applied to her property as the new owner (renter). It has been Town practice to assess back taxes to whoever is the new owner. (PR) Can’t we assess this to the park owner? If the mobile home was removed, he should have known there was a lien on the property and if he took it off the property, wouldn’t it still be his responsibility? (PS) The park owner is not responsible. I would suggest acquiring additional information from the Tax Collector and the Town Attorney. (LS) It is on the purchaser. (EN) But it is leased land. (PS) Board can get some advice from Town counsel so that there will not be a precedent set for the future. This can be tabled until May 8th Agenda. Board agreed.

6. Administrative Plan

(PS) Previous action regarding personnel namely, Administrative Assistant at the Police Department going from full-time to part-time needs clarity. A date specific for this action to take effect and additionally the exact number of hours per week is needed. I am recommending to Board that a date be defined and for practical management, the hours per week should be no more than 24 hours. This would be more in line to be considered as part-time. The part-time schedule could be effective June 3rd and at 24 hours per week.

(LS) Motion to approve Administrative Assistant position at Police Department as 24 hours per week effective June 3, 2012. (GL) Second. After Discussion: Carried 5-0.

Discussion: (GL) I think 24 hours is more than plenty. I thought that 30-35 hours was too high. My first recommendation was 20 hours. (PR) Board needs to keep in mind that the Police Department will have to be locked up at certain times depending upon what the shift will be. The other part-timer who does transcription is there ten hours a week. How are they going to keep everything open – just for several hours a day? (LS) The hours should be specific so public knows when they are open. (PR) Something was adopted a few years ago that the Police Department would be open during the day.

7. Committee Appointments

(PS) We have received several applications of interest which are before you for action. You can address all or some of them tonight.

(GL) Motion to appoint Romeo Dubreuil to Zoning Board.
(PR) Second. Carried 4-1 (LK).

(PR) I think Romeo Dubreuil will serve Town well and be very helpful.

(GL) Motion to appoint Paul Metcalf to Zoning Board.
(PR) Second. Carried 5-0.

(LS) Motion to appoint Paul Sherwood to Economic Development Committee. (EN) Second. Carried 5-0.

(PS) There has never been a maximum number of members of this
committee. (GL) Paul Sherwood will be a real asset to this committee.

(PR) Motion to appoint Mark Wallace to Conservation Commission.
(GL) Second. Carried 5-0.

(PR) Motion to appoint Ted Mitchell to Conservation Commission.
(LS) Second. Vote: 2-3 (LK), (LS), (EN). Motion fails.

(LS) Motion to appoint Albert Douglas to Parks & Recreation Committee.
(GL) Second. Carried 5-0.

(LS) Motion to appoint Nancy Fogg as Library Trustee Alternate.
(PR) Second. Carried 5-0.

(LK) Paul, will you send out letters to notify them of their appointments.
(PS) Yes.

8. Board of Selectmen Meetings

(LK) We can now resume meeting at the Town Hall effective next meeting.
(PR) This will be easier for all. (LK) It should be noted on the Website and a thank you letter to the School.

9. Policy for Communication Releases

(LK) You are all aware of the confusion concerning the Policy for
Communication Releases. To make others aware of what Board was trying to convey was that employee communications not be misinterpreted, misunderstood, and possibly unintentionally uncomplimentary to fellow employees, officials or the public in general. (See attached.) (PR) I would just post this at the Town Hall rather than in newspaper.

(LS) There is already another article in the paper calling it a “gag order.” This was not a Linda Small decision, it was a Board decision. (LK) I would like citizens to know what we are working on. We could put it in the newspaper and just on Channel 24. (LS) It is noted in the paper that there will be another article coming – talk about keeping the pot stirred. (PS) We can attach it to the Minutes and ask Clayton to do something on the Website. (LK) Let’s not make a big deal out of it. (PR) Let’s see what happens at the next two meetings.

10. Balloon Rally

(LK) In determining how to pay for coverage of Fire and Police at the Balloon Rally, this Board has donated $2,400 for coverage.

INFORMATION ITEMS

None.

OLD BUSINESS

1. Tax Deeded Property/Revised Bid Proposals

(PR) I think we should just put it out again for bid subject to approval/denial until May 25th. I have talked to Erica about the future ones and they are almost ready to be submitted to Board. At the next Board meeting, I can provide you with a list of what other houses have sold and at what price. I will recuse myself from all future meetings on this. I would like to see Town get the most money they can from these sales.

(PS) So, Board would like to re-advertise for the sale of all Tax Deeded Properties which were offered most recently without a minimum bid attached to it.

(LS) Motion to approve re-advertising Tax Deeded Properties without a minimum bid attached to individual properties and with deadline of May 25, 2012.
(EN) Second. Carried 5-0.

APPLICATIONS and WARRANTS

1. First Quarter 2012 Sewer Warrant

(LS) Motion to approve First Quarter 2012 Sewer Warrant for $84,804.80.
(GL) Second. Carried 5-0.

2. Application for Elderly Exemption, Tax Map U02, Lot 15

(PS) I have reviewed application and they have no other income and appear eligible.

(LS) Motion to approve Elderly Exemption, Tax Map U02, Lot 15.
(GL) Second. Carried 5-0.

3. Application for Elderly Exemption, Tax Map R21, Lot 2
(Tabled from 4/24/12 Meeting)

(PS) Based upon what has been submitted, the applicant’s income exceeds the limit.

(LS) Motion to deny approval of the Elderly Exemption, Tax Map R21, Lot 2. (EN) Second. Carried 5-0.

4. Notice of Intent to Cut, Tax Map R18, Lot 11

(GL) Motion to approve Notice of Intent to Cut, Tax Map R18, Lot 11.
(LS) Second. Carried 5-0.

CHECKS and MANIFESTS

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

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

PUBLIC INPUT

Maurice Wells: Previously, I complained about the Chief working part-time in Northwood. I went to Northwood; Chief was on vacation, to determine the number of hours and shifts he was working there. I was told that this Board should know his hours. Can I have them? (LK) We do not have that information.

Maurice Wells: About three years ago, I filed a complaint with the Chief and have heard nothing about it. (Chief Wharem was questioned as to whether he would like to address this in Non-Public Session. He declined.) Three years ago I filed a complaint when Art Morse was Chair and Larry Konopka signed off on it. My rights were squashed by the Chairman. I never heard anything about this and I want something put in Chief’s file. (LK) noted that he did not remember anything about this. Chief Wharem indicated he did not remember this either. (PR) What kind of complaint? Maurice Wells: This is all political. The complaint was about a van that was parked in the same space for two days about 800 ft. from the PD front door and you never did anything about it. (LK) If you have some concerns about this, why don’t you put it in writing and come into Town Hall and talk to the Town Administrator. Maurice Wells: I do not want to talk to Paul S. Larry, you were involved.

Maurice Wells: The Sewer Fund was established in 1987 by the Board of Selectmen. I talked to the Town Administrator two years ago about transferring funds to the Sewer Fund in the amount of about $62,000 for hook-up fees. The money was transferred from the General Fund to the Sewer Fund in the amount of $63,479.67 and now you are doing the same thing. Why? (PS) Why – because the fees should be in the Sewer Fund. It is deposited in the General Fund as we only have one fund and transferred to the Sewer Fund. I will tell you from an accounting point of view that this is the way it is done. If you like you can sit with the auditors and they can explain to you the concept of the General Fund.
Maurice Wells: I do not want to sit with the auditors. I will sit with the Attorney General on this. (PS) This is public information and I have tried to clarify this for you but you will not take me up on this. Maurice Wells: I do not want to get involved with the Town auditors. (LS) The purpose of the Town auditors is to make sure that the Town accounting is done properly.

Maurice Wells: The budget for using magnesium chloride, does the Town have to order any this year? (LK) You would have to talk to George about this. Maurice Wells: (He provided pictures of the bags at the Salt Shed.) There are 21 bags left. The point is that you do not need to get any this year. That will save $16,000. (LS) It would be great not to have to spend the money on that this year. Maurice Wells: The winter sand – how much do you have of that? (He presented pictures of the stockpile which he indicated had been taken two weeks ago.) (PR) We need for George to tell us. (LK) George is not here, he has already left. Maybe at the next meeting we could provide the inventory of the winter sand on hand. Maurice Wells: We are moving sand about every two years. You guys are not doing your homework. The Department Heads are running the Town. We are in a jam. We can’t sell our properties because of the tax rate. (LS) We are working on it.

Maurice Wells: The box shop land down by the canning factory. I work there. They are filling the swamp in from Whitesbrook. “I see the land jiggling when they fill it. It is not a place to building. I wish someone would clean the culverts toward the canning factor so it would drain some of the water. It has only been done once.”

Nick Abell: Thank you for appointing volunteer to the Parks & Recreation Committee.

Why not obtain three bids for legal counsel? The community policy is to put it out to bid so Board can concentrate on other things. (PS) The community does not bid for legal counsel. Town would not be comfortable in accepting a bid for the lowest price in reference to legal counsel. For professional services such as assessing and legal counsel, it is not always the lowest bidder that is the right person for the job and Town selects rather than accepts bids. This counsel charges a rate of $175 per hour, which is comparable to other attorneys. Nick Abell: The Board does have a policy on bidding? (PS) Yes.

Fred Hast: I forgot one thing – the WiFi service. We originally had a grant for this for $5,000 and there were supposed to be sponsors for this. (LS) The WiFi service has already been cancelled. (LK) We are working on these issues. The property tax issue did not happen overnight but over a period of years. Fred Hast: The tax rate started going up in 2010. (LK) Now with the economy the way it is, there are more burdens placed on municipalities than ever before. It is nobody’s fault.

Fred Hast: The taxpayers voted to keep three positions without giving up services. Shutting down the ambulance and/or police is a no-no for safety reasons. You people do not realize what goes on in these departments. Some of you are not telling the whole truth. I tell you the truth as I see it. Not one of you knows how to run those departments and do not know what you are cutting.

(LK) Fred, thank you for all your years of service.

Rob Freese: Thank you for the Board’s donation of $2,400 for the Balloon Rally. I have a question about the dumpsters at the public buildings, the rest of us recycle, why not the employees in the public facilities. I am surprised the Town does not participate in that. The dumpsters are quite expensive. We do it at the Globe. (PS) The Town Hall recycles.

Rob Freese: Several meetings ago, there were some volunteer firefighters that could be added for $600 each. Whatever happened to that? We cannot afford to give up volunteers. Board noted they would check into the dumpsters and the volunteer firefighters.

Maurice Wells: The Town is getting “rid of” the Fire Chief. Are you looking for another one? (LK) The Board had not discussed this yet, but will be talking about it soon. Maurice Wells: We need a firefighter not a chief.

Paul Richardson: About a month ago, I had a tour of the WWTF. Ron showed me around. It is clean, no odor and picked up. The Building Inspector car is down there and I would not like to see this area used as a “dumping ground.” (LK) I would love to see it get fixed and maybe we can see if we can find the money. Chief Wharem: I will try and find the information.

Close Public Input

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 8:15 P.M.

Board returned to Public Session at 9:00 P.M.

(GL) Motion to seal Non-Public Session of May 1, 2012. (EN) Second.
Carried 4-0. (PR) Abstain.

OTHER

1. FMLA

(LS) Motion to approve FMLA leave for Officer Rick Wiltshire.
(GL) Second. Carried 4-0. (EN) Abstain.

MINUTES

1. Public Session Minutes of April 24, 2012

(EN) Motion to approve Public Session Minutes of April 24, 2012 with corrections. (GL) Second. Carried 4-0. (PR) Abstain.

Corrections:

Page 3, Last Paragraph before NEW BUSINESS should read: (LS) It will be up to the Chief and (PS) to come up with a plan for adequate coverage. The Board is in support of the Balloon Rally.

Page 4, INFORMATION ITEMS, 1. Abatements should read: (LS) There is a folder in the office to review. Just so everyone understands what we are faced with, the Board is looking at abatements in the amount of $1,327,842.

2. Non-Public Session Minutes of April 24, 2012

(GL) Motion to approve-Non-Public Session Minutes of April 24, 2012.
(EN) Second. Carried 4-0. (PR) Abstain.

ADJOURNMENT

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

Meeting adjourned at 9:10 P.M.

Approved: May 8, 2012

_______________________________ ____________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were transcribed by me on May 1, 2012, transcribed and publicly posted on May 3, 2012.

___________________________________________
Delores A. Fritz, Recording Secretary

II Tapes/Attachments (4)