November 13, 2012 Minutes

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

MEETING MINUTES OF TUESDAY, NOVEMBER 13, 2012

CALL TO ORDER

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

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.

RECESS

Board of Selectmen recessed to conduct an attorney-client meeting.

Meeting resumed at 6:25 P.M. Break: 6:25 P.M. Resume at 6:29 P.M.

PUBLIC HEARING

6:15 P.M.: Public Hearing Re: Housing Standards Agency
Proposed Fee Increase (6:29 P.M.)

(PR) I am sitting here on the Board as a landlord and a property manager and I feel I can look at it prospectively overall.

Fred Okrent, HSA Administration Inspector and William Elkins, Chair of Housing Standards Committee were present to address this. (See attached.)

Fred Okrent: There has not been an increase in fees since 1998 but there has been an increase in the number of inspections. The proposed increase in the current fee structure for Inspection is $25, currently $15 and Re-inspection and Failure to Show Penalty from $15 to $25 with the idea that re-inspections can be eliminated by “getting it right the first time.” Costs are increasing and the cost of the program is covered by fees. There are 596 rentals in Pittsfield and 79% of them are owned by individuals out of Town. The Town is being looked at as a “money mine.” It is my understanding that some landlords are even “suggesting” renters contact Welfare. Training and mileage has not even been factored into the budget.

Bill Elkins: There are no funds within the budget for emergencies on the week-ends or at night. There is no mechanism for overtime. Recently Larry and I had to assist renters with a problem that occurred on a Saturday. I can enforce the issues but I am not an inspector. We should have a contingency plan for this also. This department is self-funded and self-sufficient.

PUBLIC INPUT

Steve Aubertin: It is still the same concept; the inspector gets 50% of the initial fees and 100% for re-inspections. Fred Okrent: There is no breakdown where the funds go. The inspector gets a set amount. Steve Aubertin: There is no Ordinance pertaining to the fees? How are you compensated? Fred Okrent: There is no Ordinance about how compensation is negotiated.

Steve Aubertin: I have a problem with how it is set up. It bothers me that one can be cited for an issue and even when it is corrected can still be cited when re-inspected. Landlords get more inspections in this Town than any other town in the state. We get the most inspections and have the highest fees. It is difficult to follow “all” the codes. Why does it matter that 79% of the landlords are from out of Town? Everyone should be able to pick up the Ordinance and know what they have to do. We do not get very much respect. If 50% of the Inspection fee and 100% of the Re-inspection goes to the Inspector, that is a huge amount. It is not clear as to how the inspection should go. It is wrong and it is illegal.

Mike Wolfe: On the “no-shows” – I would agree about the fees but encouraging re-inspections is a money maker. Bill Elkins: If you are talking about making money, then you should know that the money goes to the General Fund. There has been no increase in fees for over ten years.

Close Public Input

Discussion:

(GL) Mike made an interesting point and re-inspections may be a little high.
(LK) I have listened and cannot see the fee for Inspections going up but I could agree to Re-inspections going from $15 to $25. If there are problems with Re-inspections they can go to the HSA Board. (PR) I would like to say on the increase for Inspections that there is no gain to that. I am against an increase unless it is for a No Show reason. (GL) noted that he had failed an inspection twice even after it was corrected by a licensed electrician. (EN) All landlords are businessmen and they should keep themselves informed as to what is required. (PR) Many times they are getting double inspected – HSA and Fire Department. (EN) If you have rental units, any upgrades per the codes should be researched by you and complied with.

Open Public Input:

Steve Aubertin: I see Eric’s point and it is a valid point. I did research the issues, I did find out about it and had a hearing and still a future inspection failed.

Bill Elkins: Any problems that result, the group up here is your Board of Appeals.

Close Public Input

(LS) There must be a more efficient way to make it work better. They are not over in their budget. Bill Elkins: The reason that they are not over in the budget is because weekend emergencies were handled by me. If Fred Okrent had to go out, it would have been charged. (EN) Fred, you have had no increase in pay since when? Fred Okrent: I have been doing the job for seven years so about seven years. Bill Elkins: In the past year there have been mileage claims submitted and the Town has paid them. HSA does not have the money to do this.

(PR) Motion to approve no fee increase at this time for HSA Inspection and Re-Inspections. (LS) Second. Carried 4-1 (LK).

Discussion:

(LK) I would like to see Re-inspections increased. (PR) Maybe at a future time; it will depend on how it breaks down. Bill Elkins: An increase in pay has nothing to do with this request for increase.

PUBLIC INPUT (General)

None.

AGENDA REVIEW

(EN) Letter Re: Clough Road, Bids for Alarm System; (LK) Letter to Editor – The Sun; (PS) Resignation Acceptance/Fire Department, E-Mail from Jacob Zoeller and some Information Items. During the course of the Meeting, several other items were addressed: Job Description – Assistance Ambulance Director, Firefighter/EMT Positions, Library Status, Election Day, Waiver – Jitters Café, Fire Station Mold, Ammy Ramsey, Deputy Town Clerk/Deputy Tax Collector.

NEW BUINESS
ACTION ITEMS

1. Tax Rate Setting

(PS) In the past, Board members have gone to DRA with Cara and myself to make a decision on revenue items. Consequently, DRA makes the decisions on revenue items and determines the final tax rate. This is now done electronically. How would the Board like to handle for this year? (EN) I would like to know what decisions are being made for the Board. (PS) There are basically two general areas that Board has input. One is the fund balance and the second is what the overlay needs to be (payments.). (PS) The fund balance usually keeps the tax rate stable and as low as possible. As I mentioned, this is all done electronically now and is something that we need to do sooner than later. The sooner the better so we can get the tax bills out. Interested Board members will contact Cara to arrange a time for this to be accomplished.

2. AHG Driveway Permit – E-Mail from CNHRPC

(PS) I have an E-Mail from CNHRPC regarding AHG subdivision. Matt Monahan has charted out what will be the Board’s responsibilities in the future. I have conveyed to Matt that we would like him to be present at the time that AHG requests permission to build to waive Town responsibilities.

3. Postage Meter Lease

(PS) This was the only bid received. There are actually a limited number of companies that provide this service. A sixty month lease would be a yearly cost of $1,716. We would not like to buyout the current postage machine.

(PR) Motion to approve Pitney Bowes 60 month lease at a yearly cost of $1,716 and not buyout the postage meter. (GL) Second. Carried 5-0.

4. Revision to Special Detail Rate

(PS) As a requirement to provide police officers with special details, we need to change the hourly rate pursuant to the contract. Board needs to reset the rates and it is recommended it be $61 including reimbursement to police officers. (PR) We can legally do this with the contracts? (PS) Yes, it is the Board’s responsibility to do this.

(PR) Motion to approve increasing the special details rates to $61.—per hour. (EN) Second. After Discussion: (PR) Withdraw Motion and (EN) Withdraw Second.

Discussion:

(EN) I have no problem with increasing the rates but I believe we should also increase the cruiser maintenance rates. (LS) Are the Worker’s Compensation rates in this? (PS) No. (LS) It should be part of the cost. (PS) The cruiser rates have been in there many years. (EN) Cruisers are sitting idling and maintenance rates should be increased. (PS) to check. (GL) I agree with Eric, cars are not getting cheaper. (PS) Chief previously noted idle times are hard on the vehicles.

5. Designation of Authority for State Revolving Fund

(PS) This is part of the South Main Street Pump Station replacement project. The Board needs to authorize the contract and designate Chair to sign document.

(PR) Motion to approve Designation of Authorities for Clean Water SRF Loan and authorize Chair to sign. (GL) Second. Carried 5-0.

6. Abatement of Taxes for Tax Map R34, Lot 30-T11

(PS) This has been a pending issue for a while. The amount of the tax lien precedes the current owner of the trailer. (The tax lien was on the previous owner.) Recommended abatement is $2,330.33. For future clarity, I have requested Police Chief to once a year, log all trailers.

(PR) Motion to approve abatement of $2,330.33 on 2006 tax lien Tax Map R34, Lot 30-T11. (LS) Second. After Discussion: Carried 5-0.

Discussion:

(PR) Can’t we go after the original owner? (PS) Yes. (PR) Then we should send them a notice. (PS) Determination will have to be made as to who owns what as it was never followed up after 2006. (PR) Let’s put this into some kind of settlement and do for the future. (LS) How can you do that without any verification? (PR) It is not known when the new person put the home on the property; (PS) or when the last one disappeared. (PR) Just for information, the park owner has his own crew for moving trailers around. (PS) we can try and tighten this up a little bit in the future.

7. Excavation Permit Application

(PS) This is for replacement of the water line on Joy Street. The construction company is working for Pennichuck. George has already signed the Excavation Permit but requires Board approval and Board and Town Administrator signature.

(PR) Motion to approve Excavation Permit for R.H. White construction Co., Inc. for Joy Street and authorize Chair and Town Administrator to sign. (EN) Second. After Discussion: Carried 5-0.

Discussion: (EN) In the future, this needs to get to us before the work begins. I also think the permit amount might be incorrect. (LS) Is traffic being managed by detail? (PS) Traffic is being managed by a flagger and one police officer.
(LK) Chief is okay with that? (PS) I guess so.

9. Advanced Life Support Intercept Agreement

(PS) Fire Chief is recommending that the Board enter into Agreement for advanced life support intercept which is dated July 1, 2012. (PR) Shouldn’t this be sent out for bid? (PS) No. Concord Fire Department will provide paramedic intercept. The Board will need to approve and authorize Chair to sign.

(LS) Motion to approve Advance Life Support Intercept Agreement with Concord Fire Department and authorize Chair to sign. (GL) Second. Carried 5-0.

APPLICATIONS and WARRANTS

1. Application for Veteran’s Tax Credit Tax Map R50, Lot 7-6

(LS) Motion to approve Veterans Tax Credit Tax Map R50, Lot 7-6.
(GL) Second. Carried 5-0.

2. Application for Veteran’s Tax Credit Tax Map R23, Lot 10-2

(EN) Motion to approve Veteran’s Tax Credit Tax Map R23, Lot 10-2.
(LS) Second. Carried 5-0.

3. Intent to Cut Tax Map R35, Lot 6

(LS) Motion to approve Intent to Cut Tax Map R35, Lot 6. (LS) Second.
Carried 5-0.

NEW BUSINESS ACTION ITEMS Continued

8. Fire/Ambulance Staffing (7:25 P.M.)

(LK) We are here to review the 12 hour vs. 24 hr. shift. When this was instituted, we agreed to review it in a few months.

Chief DeSilva: Administratively, I like the 24 hour shift. The issues that we ran into were during the 8:00 P.M. shift change which is a high peak time. We do not have an issue with the 24 hour shift as there is down time during the course of the shift which the Police Department does not have; it is not the same as being in a cruiser. (LK) It is noted according to your survey, that thirty out of 34 towns have 24 hour shifts. The benefit does not outweigh the disruption in the department. (LS) Paul do you have any dollar values in reference to this? (PS) No. (EN) I have no problem going back to the 24 hour shifts. (PR) That’s fine as long as when making shift changes they keep it at that and do no incorporate overtime. (LK) Shift change would be allowed but at no cost to the Town. Chief DeSilva explained how shift swaps affect overtime. (LS) As long as the schedule works really well.

(LK) Motion to approve Fire/Ambulance staffing return to 24 hour shift schedules from 12 hour shift schedules. (PR) Second. Carried 5-0.

(LK) So, Chief will work it in. (LS) Chief, I appreciate your continued communication with your employees on this.

THANK YOU: (LK) Thank you Chief DeSilva for all that you and your department and the Police Department did regarding the terrible accident last Friday. Chief DeSilva: Thank you to all those at the Fire Department and the Police Department You can tell that they care about their community.

JOB DESCRIPTION – ASSISTANT AMBULANCE DIRECTOR

Chief DeSilva: The Job Description for Assistant Ambulance Director requires several proposed changes: assistant ambulance director should be changed since we do not have an ambulance director, and striking out fire wardens, since that is no longer applicable. (PS) agreed he would review with Chief DeSilva and have available for next Board meeting. Chief DeSilva: There will be no change in responsibilities or duties. Also, it should be noted that Paramedic should be revised to note EMT.

(LS) Motion to approve changing wording from Paramedic to EMT.
(GL) Second. Carried 5-0.

FIREFIGHTER/EMT POSITIONS

(PS) There are still some questions pending on this. The proposed Warrant Article has been sent to the Town Attorney for review. The Town Attorney will evaluate and perhaps at that time we can move forward and combine positions. This will be addressed at Town Meeting. Hopefully, we can get some answers on this soon.

11. Library

Roza Benoit, Sylvia Wallace, Mary Schelble, and Dana Sansom were present.

(LK) We requested you come in today regarding your Budget for 2013. The Board wanted to see if you could offer any recommendations to level fund the Library Budget. Roza: The budget is exactly the same except for inclusion of the Worker’s Compensation and increase in utilities and oil. We are looking at some fundraising options. We have increased the open hours to include Saturdays.
The only line which can be cut is our salaries. (PR) All departments have come in with a level funded budget and we are trying to treat everyone fairly.

Roza explained that due to a misinterpretation of the budget, there are programs in place in conjunction with grants which require staffing (2) as well as the Children’s Room being closed that they now have a directive from the Fire Chief that a staff member needs to accompany individuals to the rest rooms for safety reasons.

Board noted they would address this later in the meeting.

Library members left meeting at 8:10 P.M.

Break: 8:10 P.M. Resume: 8:17 P.M.

12. Resignation Acceptance – Fire Department

(PS) We have a letter of resignation from Harold Arey, Fire Department.

(EN) Motion to accept resignation of Harold Arey with a letter of thank you.
(GL) Second. Carried 5-0.

13. E-Mail from Jacob Zoeller

We have received an E-Mail from Jacob Zoeller requesting answers to several questions concerning the Library and the paving of Town roads (namely, Will Smith Road.) (LK) Paul, could you please send a letter to him explaining the Library situation and maybe a copy of the letter from the Fire Marshall. Also, note that Will Smith Road has not been discussed in reference to paving.

14. Library Status

(EN) Could we put something in the paper concerning the Library status as to what is going on there? (PS) We could put it on the Website which I believe would get more visibility. (PS) to do.

(EN) The NH Licensed Fire Protection Engineer will be here on December 4th at 2:00 P.M.

INFORMATION ITEMS

1. Letter to Fire Chief from State Fire Marshall’s Office Re: Library
2. Memo from Fire Chief Re: Survey of Town Shift Schedules
3. Memo from Police Chief Re: Survey of Town Shift Schedules
4. Memo from Police Chief Re: Survey of ACO Wages

(PR) What does she make now? Will an additional fifty cents put her at $12? Obviously she is below the other rate paid by other towns. What about the dog licensing follow-up? (PS) I believe that is going quite well, but I will check on the status of this for the next Agenda.

5. E-Mail from Cara Re: Unpaid Taxes – 62 Leavitt Road

(PS) This is for background informational purposes.

OLD BUSINESS

1. Administrative Plan for Budget Stabilization Ongoing
2. Policy for Access to Town Property Pending
3. Policy for Recruitment/Employment to be Revised Pending
4. Policy for Employee Total Compensation Pending
5. Tax Collector-Action by BOS/Tax Deed Waivers Pending
6. Appointment of Selectman to Foss Scholarship Committee Pending
7. Amendment to the Obstructing Streets & Sidewalks Ord. Pending
8. Skateboards and Bicycles on Sidewalks Pending

NEW BUSINESS-ACTION ITEMS Continued

15. Letter to Editor

(LK) I have apologized to her and explained the situation regarding Police Department coverage.

16. Lot on Clough Road

(EN) A citizen came in to report to Building Inspector that the building on the Town owned property is unsafe. (See attached.) I am recommending that George level it. As you can see from the photos, it is very dilapidated. Board agreed. (PS) to contact George.

17. Alarm System

(EN) Anything on that? (PS) It is being drafted.

18. Election Day

(EN) I know that you and I had some raised voices on Election Day pertaining to another matter, but I think we should all remember that we are the Board of Selectmen and we cannot take our “hats off.” The matter has been amicably resolved. We need to respect each other which as well as the employees. It was noted that apologies have been made and accepted.

19. Waiver Request Jitters Café

Paul Rogers recused himself and was seated in the audience (8:30 P.M.)

(PS) As you will note, this was received just this afternoon at 4:11 P.M.

(LK) We have several different choices here, what would the Board like to do?

(EN) How do we ensure that there is coverage for the Town? (PR) You will also note that LGC commented that Jitters is not the only one. If (PS) contacted the insurance carrier, I think they would be able to forward him something referring to liability. There is a 36 inch clearance which is never obstructed; the clearance is there. (LS) I would like to research the links as mentioned by LGC.

(PR) The weather has now changed and there is no seating or planters there any longer; the only thing there is the SPECIALS Board. There is nothing on the walkway. (LS) My concerns are in conjunction with the Loitering Ordinance. (EN) We appreciate your being patient with the Board. Board will address next meeting.

Paul Rogers returned and was seated on the Board (8:35 P.M.)

10. Review of 2013 Budget

Ambulance (Page 11)

(LS) Motion to approve Line 198 for $48,423. (EN) Second. Carried 5-0.

(LS) Motion to approve Line 205 for $1.00 in anticipation of approval of proposed Warrant Article to cover Overtime. (GL) Second. Carried 5-0.

(LS) Motion to approve Line 216 for $3,368. (EN) Second. Carried 5-0.

After Discussion: Motion regarding Line 216 (LS) Withdrawn and (EN) Withdraw Second. Board agreed.

(LS) Motion to approve Line 216 for $1.00. (EN) Second. Carried 5-0.

(LS) Motion to approve Line 217 for $1.00. (EN) Second. Carried 5-0.

(LS) Motion to approve Line 219 for $1,350. (EN) Second. Carried 5-0.

(LS) Motion to approve Total Ambulance for $440, 545.
(EN) Second. Carried 5-0.

Ambulance & Fire Shared (Page 12)

(LS) Motion to approve Total Ambulance & Fire Shared for $76,263.
(EN) Second. Carried 5-0.

Fire Department (Page 13)

(LS) Motion to approve Total Fire Department for $115,437.
(EN) Second. Carried 5-0.

Total Ambulance and Fire will be $632,454.

20. Remediation of Mold – Fire Department

Chief DeSilva: I have two quotes for this, which is all that I received.

(EN) Motion to approve EnviroVantage for mold remediation at Fire Station for $1,600. (GL) Second. Carried 5-0.

10. Review of 2013 Budget Continued

Building Inspector & Housing Standards (Page 14)

Housing Standards

(LS) Motion to approve Total Housing Standards for $10,753.
(EN) Second. Carried 5-0.

Building Inspection

(GL) Motion to delete Line 292- Gasoline from Budget.
(EN) Second. Carried 5-0.

(EN) Motion to delete Line 294-Vehicle Repairs and Maintenance from Budget. (GL) Second. Carried 5-0.

(LS) Motion to approve Line 281-Building Inspector for $24,514.
(EN) Second. Carried 5-0.

(LS) Motion to approve Total Building Inspection Budget for $28,575.
(EN) Second. Carried 5-0.

Welfare (Page 21)

(LS) Motion to approve Total Welfare Administration for $21,781.
(GL) Second. Carried 5-0.

After Discussion: (LS) Withdraw Motion. (GL) Withdraw Second.
Board Agreed.

(LS) Motion to approve Total Welfare Administration for $21,231.
(PR) Second. Carried 5-0.

Library (Page 22)

(PS) The Library has extra hours now and there are a lot more people taking advantage of this at night. The Library being closed on Saturdays will save money.

(EN) Motion to approve Total Library for $67,723.
(GL) Second. Carried 5-0.

Patriotic Purposes (Page 22)

(LS) Motion to approve Line 437 – Old Home Day for $2,900.
(GL) Second. Carried 5-0.

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Session Minutes of October 30, 2012

(GL) Motion to approve Public Session Minutes of October 30, 2012 with Corrections. (EN) Second. Carried 5-0.

Corrections:

Page 6, Last Paragraph should read: Discussion: (LS) I am the author of the current Warrant Article concerning the Ambulance as year after year it turns out to be a mess. Most of the money goes back to the General Fund though there is not a lot of revenue coming in from the Ambulance Department.

2. Non-Public Session Minutes of October 30, 2012

(GL) Motion to approve Non-Public Session Minutes of October 30, 2012.
(EN) Second. Carried 5-0.

PUBLIC INPUT

Nick Abell: On the Excavation Permit – it has been signed by George and now signed by the Board. I am glad that we are doing it and hope it is right this time.

Also, take your time in setting the tax rate.

Close Public Input

NON-PUBLIC SESSION

(LK) Motion to go into Non-Public Session per RSA91-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 9:50 P.M.
Board returned to Public Session at 10:05 P.M.

(EN) Motion to seal Non-Public Session Minutes of November 13, 2012.
(PR) Second. Carried 5-0.

OTHER

(LS) Motion to approve Ammy Ramsey as Deputy Town Clerk/Deputy Tax Collector to work 24 hours per week as recommended by Erica Anthony.
(GL) Second. Carried 5-0.

ADJOURNMENT

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

Meeting adjourned at 10:12 P.M.

Approved: November 27, 2012

______________________________ ___________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on November 13, 2012, transcribed and publicly posted on November 21, 2012.

__________________________________________
Delores A. Fritz, Recording Secretary

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