May 28, 2013 Minutes

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

MEETING MINUTES OF TUESDAY, MAY 28, 2013

CALL TO ORDER

Call to order at 5:30 P.M. by Larry Konopka, Chairman

MEMBERS PRESENT

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

MEMBERS ABSENT

None.

PUBLIC INPUT

None.

AGENDA REVIEW

(EN) Deadbolt Basement Door/Basement Alarm System; (LS) Property on So. Main Street, Evaluations; (AD) Committee Report. During the course of the meeting: Board Approval of Police Officers.

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 5:37 P.M.

Board returned to Public Session at 6:07 P.M.

NEW BUSINESS
ACTION ITEMS

6. Police Department

(AD) Motion to approve conditional offer of employment as full-time Police Officer to Joseph McDonald at Step III pay grade. (LK) Second. After Discussion: Vote 2-2 (EN) and (GL). (LS) Abstain. Motion fails.

Discussion: (AD) The reason I proposed Motion at Step III pay grade was because of the number of years served as a police officer (15 years), experience, and knowing the Town, I believe that Step III pay grade would be fair. (LS) I do not feel that I have sufficient information to vote on this.

(GL) Motion to approve conditional offer of employment as full-time Police Officer to Joseph McDonald at Step II pay grade. (EN) Second. Carried 4-0. (LS) Abstain.

(EN) Motion to approve offer of employment as part-time Police Officer to Steve Adams. (GL) Second. Carried 5-0.

Discussion: He has been an officer for a number of years and is only seeking part-time employment. (PS) Please note that this is not the Town Moderator. Chief Wharem: He has a history of about thirty years’ experience and until recently was the Police Chief in Northfield. He would be able to work on an as needed basis.

APPOINTMENTS

1. 6:30 P.M.: Paul Rogers Re: Code Enforcement

(LK) This appointment has been cancelled. He will be filing an appeal through the Zoning Board and it will be worked out. This is not a safety issue.

2. 6:15 P.M.: Ed Vien

Mr. Vien presented a letter to the Board concerning the Estate of Brenda Gadwah and the Notice of Violation regarding the property at 166 Ingalls Road, Pittsfield, NH 03263. Mr. Vien: I have just recently been appointed to administer the Estate of Brenda Gadwah after waiting about two months. I am not disputing the violation and I know there is a problem but I am asking for some additional time so that I can dispose of the property. I know this is important and it needs to be taken care of and the property will be sold.

Board was agreeable to this. (EN) suggested offering (PS) a progress report about every thirty days. (PS) will forward a letter to Mr. Vien noting he has some extended time to deal with the issue.

NEW BUSINESS – ACTION ITEMS Continued

2. Application for Hawkers and Peddlers License

(PS) The application has been approved by Chief Wharem. Dennis Larck is from Epsom and operates the ice cream truck.

(LS) Motion to approve application for Hawkers and Peddlers License for
Dennis Larck. (AD) Second. Carried 5-0.

3. Petition for Pole License

(PS) This has been reviewed by George and approved.

(LS) Motion to approve Pole License #41-0446 as recommended by Highway Department. (EN) Second. Carried 5-0.

4. Reimbursement of ZBA Fees

(EN) I was at the Zoning Board meeting and there was a heated discussion about approval of Certificate of Approval per the RSA for Roy and Diane Richardson. It was recommended by Zoning Board that fees for application ($182.50) should be reimbursed to applicant.

(EN) Motion to approve reimbursing Roy and Diane Richardson $182.50 application fees per Zoning Board approval. (GL) Second. After Discussion: Carried 5-0.

Pat Heffernan: As I understand this, it is something that is required by State law to define the area of the junk yard within the property boundaries. It was never done before as Town did not have an application. We had a form done and approved it. This is something that should have been done a long time ago and was not and it was a “housekeeping” issue.

5. Maintenance of Payroll Records

(PS) You have in your packet of information and E-Mail from LGC regarding maintenance of payroll records.

Under RSA 297:27, every employer (including towns) must keep an accurate record of the hours worked by each of its employees and the wages paid to each, and provide that information to the Department of Labor upon request. Therefore, even salaried employees should keep records of the hours they actually worked, regardless of whether they are hourly or salaried.

(PS) will send Memo to all departments.

PUBLIC HEARING

6:30 P.M.: Public Hearing: Special Town Meeting Warrant Article

The Board of Selectmen will conduct a Public Hearing on Tuesday, May 28, 2013 at 6:30 P.M. at the Town Hall, 85 Main Street, Pittsfield, NH 03263. The purpose of the public hearing is to allow the public the opportunity to comment on the Special Town Meeting Warrant. The only article on the warrant is as follows:

To see if the Town will vote to establish the position of full-time fire chief, with a term of three (3) years, and rescind all previous warrant articles regarding this subject. If this article passes, the position of part-time fire chief shall be eliminated.

OPEN PUBLIC INPUT

Pat Heffernan: Why are we doing this? We voted three or four years ago to have a full-time Fire Chief. (LK) Last March, the Warrant Article was confusing for a lot of people and this gives the Board of Selectmen some direction as to whether the Town wants a full-time or part-time Fire Chief. We want to make sure that we are following the will of the people. Pat Heffernan: This Warrant Article written by Town counsel is the smartest thing the Board has done.

Fred Hast: Six years ago the Town voted to have a full-time Fire Chief. We had a full-time Fire Chief who worked about four and a half years and then resigned. Then we had a part-time Fire Chief take his place. (LK) He was an Interim Part-
Time Fire Chief. Fred Hast: You people are to blame, no one else. You put someone in there part-time when the people wanted full-time.
Chris Ward: We can debate all night as to what happened. My question is: Why is the term of three years noted in the Warrant Article? (LK) This was recommended by Town Counsel. The position should always have a term.

Clayton Wood: The position is to be determined either full-time yes or no but the candidate will be a three-year candidate? (LK) There is not a three year term on the position. (PS) Atty. Mayer who counseled the Board noted that in all communities there is a term attached to the position. He recommended a one-year term but the Board felt that a three-year term would be better. By putting in a term, employee can be severed after three years and State Statutes would defend acceptance of the decision. Board can renew the contract after three years if they so desire.

Clayton Wood: So the three-year term only applies to the candidate not the position.

Fred Hast: Will there be some clause in the contract that notes individual can be terminated prior to three years if they are not doing their job? (LK) We are not discussing the proposed contract at this time.

Clayton Wood: I understand this is an emotional issue for the Town, but has the Town done an assessment as to the need for a full-time Fire Chief? Has the rest of the community been heard to determine if position is needed as full-time? If so, when was it last done?

(PS) An evaluation was done when the Fire Wardens were disbanded and Town was asked then; that was in 2004-5. Clayton Wood: So it has not been looked at since 2005? (PS) No. Clayton Wood: How are we going to pay the Fire Chief? (LK) Right now we are only addressing the position of being part-time or full-time. The Warrant Article at the Town Meeting was confusing. A lot of people have contacted Board to note they were confused at the Town Meeting as to what they were voting for. The Board has discussed this at great length and did not put money factor in. Once we get the people’s views on this, then we will go forward with that. It might be October before we hire someone. The Warrant Article cannot be any clearer.

Clayton Wood: Last time the effect on the budget was discussed. How can you hire someone with no money? (LK) We will see where it goes. Clayton Wood: I would not want to vote for it unless I know how it affects me. The liability is around $45,000? (LK) Yes.

(AD) I went to visit the Fire Department and spoke to 80-85% of the folks down there. I was convinced that a full-time Fire Chief was needed. There is a lot of work, more than the Town realizes. Clayton Wood: Is the Fire Department fully staffed both part-time and full-time? Nick Abell: The full-time positions are all filled – yes.

Helen Schiff: Referring to what Clayton brought up, it makes a difference pertaining to benefits whether it is part-time or full-time. It is not something that the Budget Committee should decide but the Town should decide.

Nick Abell: My average week is about twenty hours at the Fire Department and that is not enough time. I support a full-time Fire Chief. It is not always needed but people want it there when it is needed. Insurance ratings and a lot of other factors play into having a full-time Fire Chief. I am recommending that the position be a full-time position. As a citizen, I invite anyone to come down and look at what is being accomplished there. There really is so much to do down there.

Chris Ward: I understand that there is a lot of emotion attached to these hearings. I am a member of the Fire Department and a taxpayer. We are looking at many years for a full-time Fire Chief. It will be up to the people to change to part-time. (EN) It was never a part-time position, it was an interim part-time.

Fred Hast: Will you be hiring the Fire Chie with the assist of a committee.
(LK) That is something that has not been discussed but probably will be put together along with the current interim part-time Fire Chief.

Clayton Wood: One other thing, does this Board vote to recommend or not recommend? (LK) No.

Close Public Input (6:50 P.M.)

(LK) The Special Town Meeting will be on Tuesday, June 4, 2013 at 6:00 P.M.

Break: 6:51 P.M. Resume: 7:00 P.M.

NEW BUSINESS – ACTION ITEMS – Continued

1. Application for Community Revitalization Tax Relief Incentive (Cheticamp)

(PS) This item is on the Agenda again for action. The Covenant is enclosed and reflects the revision as discussed at the meeting last week by Board.

(EN) The percentages should be noted in the Covenant. (LS) Covenant should note the percentages. This is the value in excess of what it is assessed at now. Board agreed that the percentages should be noted in Covenant.

(LS) Motion to approve Covenant as noted along with the percentages provided each year 2014 – 75%, 2015 – 50%, and 2016- 25%. (EN) Second

Discussion: (LK) How did we come up with these figures? (LS) This was discussed with Loren (Avitar Assessing) and given her estimate that the renovated assessed value of the project will be approximately $250,000 the tax relief exemption could be calculated over three years at 75% tax year 2014, 50% tax year 2015, and 25% tax year 2016 based on the current tax rate of $30.44.
(See attached.)

(LS) I am thankful that the Board is willing to support this project and hopefully it will give the incentive to other businesses and help Pittsfield. It will be good for the Town. (GL) When I was growing up, the Town had many major businesses and now it only has a couple.

(PS) Per the Statutes, the Board needs to take certain actions on this Covenant. He explained the various aspects which the Board will need to address including public benefit, preservation through a Covenant, and proposed use of property is consistent with Master Plan.

(LS) Withdraw Motion. (EN) Withdraw Second.

(LS) Motion to approve application for tax relief for Cheticamp given the fact that Board finds it to be a public benefit, which is preserved through a Covenant, and that the proposed use is consistent with the Town of Pittsfield’s Master Plan. Tax Relief will be calculated in 2014 on 75% of increased value over 2013 assessment, in 2015 on 50% of increased value over 2013 assesssment and in 2016 on 25% of increased value over 2013 assessment. (GL) Second.
After Discussion: Carried 5-0

Discussion: (LS) This project is one that will ultimately keep this business in Pittsfield, is on the cusp of the Charrette area and hopefully will encourage other businesses to come to Pittsfield. (GL) The Town’s high tax rate scares businesses away and hopefully with this, businesses will give us a second glance.

7. Deadbolt/Basement Door

(EN) There needs to be a deadbolt on the door at the bottom of the stairs. The second alarm system is up and running. (PS) to do. It was noted that the front door keys shall have to be returned and passcodes changed on the main entrance.

8. Committee Report

(AD) noted that he had attended the Foss Family Pittsfield Town Scholarship Trust Committee Meeting. This was a learning experience with some 32 students applying. We have some very bright students in our schools.

9. South Main Street Property

(EN) I will advise the Building Inspector when he returns.

10. Evaluations

(LS) Are we still doing evaluations? (PS) Not currently. (LS) This is something we should be doing. (PS) to follow-up on this.

INFORMATION ITEMS

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

(EN) Next meeting will be June 6th.

2. Report from Selectmen’s Representative to the Suncook Valley Regional Town Association

(GL) Next meeting will be June 24th.

OLD BUSINESS

1. Policy for Recruitment & Employment (Revised) Pending
2. Policy for Employee Total Compensation Pending

3. Amendment to the Obstructing Street & Sidewalks Ordinance

(PS) Selectman Small and I corroborated to discuss the amendments to the current ordinance because it is felt that it has drifted away from the original purpose. In the interim, we have resurrected the sample ordinance for skateboards, bikes, etc. which we have sent to Atty. Mayer. This is for Board’s assessment and advice? (LS) We do not want to have an ordinance to harm businesses. (EN) It should be a matter of checks and balances.

(LK) Have we had any answers from the State DOT regarding the jurisdiction of sidewalks? (PS) No, not yet.

APPLICATIONS and WARRANTS

1. Warrant for the Collection of Property Taxes

(PS) This is for the first half of the property taxes.

(LS) Motion to approve Warrant for Property Taxes ($4,006,816.)
(GL) Second. Carried 5-0.

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Session Minutes of May 21, 2013

(GL) Motion to approve Public Session Minutes of May 21, 2013 with one correction. (EN) Second. Carried 4-0. (EN) Abstain.

Correction:

Page 8, Line 9 should read: (LS) There were 51 hours of sick time this week.

2. Non-Public Session Minutes of May 21, 2013

To be addressed in Non-Public Session.

PUBLIC INPUT

Gary Mullins: There is a Special School Board Meeting on May 29th, 6:00 P.M. regarding siding and windows if any Board members would like to attend.

Gary Mullins: Things seem to be going well. Keep up the good work. Things seem to be flowing a lot better.

(EN) The High School should keep in mind that the school needs to have a health inspection by June 30th.

Close Public Input

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 7:40 P.M.

Board returned to Public Session at 7:45 P.M.

(GL) Motion to seal Non-Public Session of May 28, 2013.
(EN) Second. Carried 5-0.

OTHER

1. Appointment William Brooks, Jr.

(LS) Motion to appoint William Brooks, Jr. to the Fire Department.
(GL) Second. Carried 5-0.

(PS) to send letter of WELCOME.

2. Department Head Meetings

(EN) Why do the Department Heads review the Board of Selectmen Agenda? Shouldn’t they be organizing departments rather than reviewing the BOS Agenda? (PS) Matters are being addressed at Board meetings about issues pertaining to various departments which can affect them collectively.

3. Special Town Meeting Next Week

(LK) A reminder that the Special Town Meeting is next Tuesday, June 4th at
6:00 P.M. It was agreed that there would be no regular Board meeting at that time.

ADJOURNMENT

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

Meeting adjourned at 7:54 P.M.

Approved: June 18, 2013

_____________________________ _______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on May 28, 2013, transcribed and public posted on June 5, 2013.

_______________________________________________
Delores A. Fritz, Recording Secretary

/daf II Tapes
Attachment (1)