November 27, 2012 Minutes

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

MEETING MINUTES OF TUESDAY, NOVEMBER 27, 2012

CALL TO ORDER

Call to order at 6:00 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.

NEW BUSINESS
ACTION ITEMS

10. Building Permit Fees – James Wilson

James Wilson: I have met with the Building Inspector and as most of you know, I am building a house here in Pittsfield. He related there were some issues that came up concerning the Deed after he had procured the Building Permit. This has all been straightened out but now the Building Permit has expired. “I originally over paid on the Building Permit ($53.40) and now have to renew to finish the project.”
I would like to have the credit of $53.40 applied to the new Building Permit

(EN) Motion to approve credit of $53.40 being applied to renew Building Permit for 5 Lyford Road making the renewable fee $193. (LK) Second. Carried 5-0.

PUBLIC INPUT (6:10 P.M.)

Romeo Dubreuil: He related that while hunting recently, he entered the Thompson Road Forest and noticed that it was being clear cut. He related that he has a history in forestry and has never seen a Town forest being so “hard cut.” There is about ten acres out there that is being clear cut. Once it is done there is not going to be a forest there. It is weird. How did they get to do a clear cut on a Town forest – usually they do a managed cut? I have never seen that before. (PS) Please check with George Bachelder and Mark Wallace on this. Romeo Dubreuil: What is the process for logging Town owned property? (PS) The Conservation Commission is usually in charge of whatever logging is done. Romeo Dubreuil: Is there someone in particular that Town uses as a forester? (PS) Yes, we usually use the same individual. Romeo Dubreuil: Who oversees the Conservation Commission? (LK) George Bachelder in this situation. I really can’t say anything about it until a Town official checks into it. I will have George get in touch with you.

Fred Hast: The Food Pantry has the pick-up date for the Christmas baskets on December 22nd which is a Saturday. I would like permission to open Town Hall for this event. We will need to use the front hallway and the downstairs area from 9:00 A.M. to 5:00 P.M. Baskets will be given away from 10:00 A.M. to 4:00 P.M. and then we will clean-up. Board assented.

Looking at the Agenda, the DOT letter Re: 28 and 107 intersection. That is necessary and it needs addressing.

Fred Hast left meeting at 6:17 P.M.

Larry Stockman: I sold an easement to AHG. The State of New Hampshire now wants a pullover lane on Route 107. Is this a new project? Is the Town going to build the road? (PS) No, any work done there will be done by AHG. They have not yet come to this Board to get permits. Larry Stockman: They don’t own it then why did they get a Driveway Permit from this Board. I am looking to sell my property but cannot because they tied up my property. (PS) That is between AHG and you. Larry Stockman: Why would the Board ask for a Driveway Permit when AHG should be doing it? We, the Board of Selectman and Planning Board do not know what is going on. I came tonight to ask some questions. Selectman LeDuc refused to answer my questions at the Planning Board meeting. (Mr. Stockman had a copy of a map which was reviewed by (PS). (PS) I am assuming that the Planning Board has all this information. Larry Stockman: They had no answers for me. (PS) This would all have to be negotiated with AHG.
Larry Stockman: Why would the Board apply for a Driveway Permit? Where does this leave me? (PS) The Town is not asking for the property.
(LK) I suggest making an appointment with the Town Administrator and explain to him your concerns. (PR) Mr. Stockman has discussed this a little with me and he was never notified. He has been doing his own research to find out what is going on. Larry Stockman: I was never notified by anyone as an abutter. Why didn’t AHG after getting the easement go and get the Driveway Permit? (PS) I think I have answered that. All parties the Town, DOT, AHG, and representing counsel agreed process implemented was appropriate. (LK) We can set up an appointment with Town Administrator, Matt Monahan, AHG and myself and whatever we can do to help, we will.

Carol Lambert: I am basically going to ask the same question. (She read several paragraphs from the Driveway Permit into the Minutes.) It does not say that AHG is to do anything. I am all for private development, which you are underwriting. I would like to see all documents as to why the Town is on the hook for this development. I would like some answers as a taxpayer and an abutter of the property. I do not understand how you can do this and what is going on. (LK) We can arrange for you as well as Larry Stockman to meet with the appropriate parties. (PS) That is probably the best way to do it. Carol Lambert: This development does not meet our own criteria according to the Subdivision Regulations. I do not understand why the Town Administrator is saying that the Town is not on “the hook for it.”

Dana Sargent: I also am an abutter. I would like to know where the water is going to go. What about the drainage? (PS) Those are fair questions. These questions should be passed on to the Planning Board for their input. Dana Sargent: The Town owns the road. Where is the drainage going to go from the road? (PS) The Town has submitted the permit, but is not building the project. Dana Sargent: Would the Town do it for me as a private citizen? (PS) It would depend on the circumstances. The reason that the Town participated in this is because the Town owns the road. (PS) explained the process of how a Driveway Permit is submitted. Dana Sargent: I would also like to be at that meeting.

Jim Pritchard: I, too, would like to be in on the meeting. Town did not follow proper procedure.

Close Public Input

AGENDA REVIEW

(EN) Copying Fees; (LK) Several Non-Public Issues – Employees; (PS) Building Permit Fees – James Wilson, Proposed Changes to Assistant Ambulance Director Position Job Description, Housing Standards Agency Fee Schedule, Letter of Support Wendy Chen and Gou Zheng – Immigration, Information Items: Draft Warrant Articles, Fire Chief Wage Calculations for Firefighter/EMT Designations.

NEW BUSINESS
ACTION ITEMS

1. Revision of Special Detail Rate

(PS) There is an E-Mail in your Agenda packet from Chief Wharem requesting increasing the detail rate for cruiser maintenance by $1.00 this year and again by $1.00 next year. Chief Wharem: We could increase it by $1.00 and then address it again next year. You never know about the economy. (PR) Do we know what other Towns charge? Chief Wharem: Some charge less and some charge more. (LK) The cruiser maintenance rate has not gone up in the last few years.

(LS) Motion to increase cruiser maintenance rate by $1.00 for Details.
(GL) Second. Carried 5-0.

(LS) Motion to increase Detail rate to $62.00 an hour. (PR) Second. Carried 5-0.

2. Review of Police Department Hourly Shift Schedules

Chief Wharem: There has been an impact on the department when we switched from 10 hour to 8 hour shifts. I know one employee is actively seeking other employment because of loss of a day’s vacation. There are concerns about the overlap period. Basically, there can be overtime on a shift because of paperwork. I am asking the Board to put the shifts back to 10 hour shifts. We will get better coverage. Some of the officers have problems with travel time and some with daycare. (LK) The benefits do not outweigh the disruption in the department. I agree with the Chief. (EN) Overlap allows officer to take over while the other finishes. Chief: Yes. (EN) and (LS) noted that they had checked in other local communities and (LS) related there are a lot of pros and cons. I am asking the Board to table this for now.

(EN) You are able to cover the 10 hour shifts with the people we have? Chief: Yes, but if I lose another person, it may be different. My perspective is that it is important to do it now. We need to get some stability in going forward. We’ve always worked 10 hour shifts. I would like to see the hours changed and hire some people. The 10 hour shifts attracts people. I like to think there are better days coming.

(GL) Motion to approve switching Police Department officers to 10 hour shifts. (EN) Second. After Discussion: Carried 5-0.

(LS) The 10 hour shifts attracts more officers? Chief: Yes, we pay relatively well and it gives the officer the ability to investigate further. (PR) I support it. Can you forward to us how the schedules will be covered and not put us in overtime. Chief: I had a recent discussion with the Chief in Barnstead and they are finding that the 10 hour shifts are more effective. (PR) Can you get that information to us as to how the 10 hours shifts are going to be covered within the next few days? Chief: Yes.

Chief Wharem: I would like to thank the Board for noting what we do and the struggle we are having to find good people.

11. Letter of Support Wendy Chen and Gou Zheng – Immigration

(PR) Motion to approve letter to Immigration supporting Wendy Chen and Gou Zheng. (LS) Second. After Brief Discussion: Carried 5-0.

Discussion: (PR) I believe this letter is needed by Friday. (PS) I will draft letter and have her take a look at it.

3. Acceptance of Resignation

(PR) Motion to accept resignation of Alyssa MacGlashing effective
November 15, 2012. (EN) Second. Carried 5-0.

(PS) to send letter of Thank You.

4. Promotional Examination – Ambulance Department

(LK) I am fine with holding it at the Globe. I just wanted to bring it to the Board’s attention. Refreshments will be fine. You can negotiate this with Paul.

12. Proposed Changes to Assistant Ambulance Director Position

Chief DeSilva: It makes sense to make the changes to the Job Description. The position is the rank of Captain. He suggested several changes to the Job Description as the title of the position, who the individual would report to and several other minor changes are now different. (PR) What would the rate of pay be? (PS) This is controlled by the Union contract. Chief DeSilva: There would be no changes in the duties. So far two people have submitted for the position.

(LS) Motion to approve Job Description for Assistant Ambulance Director as proposed by Chief DeSilva. (GL) Second. Carried 5-0.

5. Classification of Firefighter/EMT Personnel/Town Attorney Opinion

(PS) There are about 6-7 pages of E-Mail between Chief DeSilva, Town Attorney and myself to render an opinion as to whether the Board can appoint Firefighter/EMT’s. The conclusion is YES. The decision is that the structure of the Fire Department personnel will be Firefighters/EMT’s. This will end up basically being a budgetary concern. Chief DeSilva: We will have one budget.

(PS) Also included in your packet of information is a spreadsheet prepared by Cara and Chief DeSilva which depicts different scenarios as to the status of the individual ambulance employees. This denotes those that are qualified to move up to FF/EMT positions. Chief now has the ability to hire FF/EMTs.

(LS) Motion to authorize Fire Chief DeSilva to hire positions of Firefighter/EMT and go forward and cross train. (EN) Second. Carried 5-0.

6. Memo from Chief DeSilva Re: Inspection of Multifamily Dwellings

Chief DeSilva: HSA will do the inspections. We will have the common areas for those with three units or more according to the State Fire Codes. (LS) How is this going to work in conjunction with HSA? Chief DeSilva: This can be a little difficult but some options under RSA 498 are that they can report to the Board, report to the Town Administrator or report to the Building Inspector or Fire Chief.

(PR) I would like to give to Fire Department to handle. They should be the ones to come and go out of the building and handle safety. (LS) We would probably need a Warrant Article on this. Chief DeSilva: Yes. The Board could “field” complaints. (PR) Aren’t we one of the few towns that still have HSA? (GL) I do not like HSA personally because of the bureaucracy. To have the Fire Department control it would be better. Chief DeSilva: The Fire Department would have more stringent requirements. (GL) More people would respect Fire Department authority as opposed to Housing Standards. (LK) Could you work with Paul on a Warrant Article? Chief DeSilva: What is the final cut-off date for Warrant Articles? (PS) A Public Hearing is required on this issue and I believe the cut-off is mid-January 2013. Chief DeSilva: We should have Town Attorney input and funds to cover this would be needed in the budget. (PS) Basically, it is all salary and would be under wages (Line 247).

(EN) Motion to approve Line 247 for $4,307.
After Discussion: (EN) Withdraw Motion.

(EN) Motion to approve an additional $4,400 to Line 247. (LS) Second.
Carried 5-0.

Discussion: (PS) So, HSA will do the regular inspections and the Fire Department will do the common areas. If violations are cited by Fire Department there will be additional costs to the property owner. (PR) Speaking as a building owner, there should be no additional fees for inspections. (LS) Chief, can you gather some information for wording on this. (PR) Glad to help you.

Break: 7:35 P.M. Resume 7:45 P.M.

9. Proposed Warrant Articles

Chief DeSilva: The Warrant Article for full-time Fire Chief, what do you want to include as salary? I would recommend looking at a salary of $62-64,000 depending on how it would affect benefits. He explained that the New Hampshire Retirement now requires any individual working in excess of 33 hours have to be enrolled in State Retirement System. To continue the position, you have to write the Warrant Article to include retirement.

(EN) Motion to approve submitting Warrant Article for consideration for full-time Fire Chief at a salary of $62,000. (GL) Second. Carried 4-0. (PR) Abstain.

Fire Department Secretary: Chief DeSilva noted that June currently works 15 hours a week. She has worked for the Town for 15 years and not covered by collective bargaining. She currently makes $12.82 per hour. Because of shifting administrative responsibilities, this is really not adequate.

Board discussed the Police and Fire Department Special Revenue Fund. (PS) Because the Budget Committee is not in favor of reducing line items to a $1.00, I would say they would not approve the proposed Warrant Articles. I think it might be extremely helpful if the Budget Committee framed a couple of these Warrant Articles in a manner they would be more comfortable with. It seems to boil down to what to do with the Special Revenue Fund and within several years this fund will be down to zero. (EN) Is there any way we could stipulate certain funds to cover certain departments? (PS) No. Board and (PS) agreed they would continue to work on this.

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

(PR) Motion to approve Abatement of $1,084.11 for Tax Map R34, Lot 30-T 11. (GL) Second. Carried 5-0.

(PS) In conjunction with this for the future, I have requested Chief Wharem to formulate an inventory on an annual basis of trailers and their locations.

13. Housing Standards Agency Fee Schedule (Requested by Eric Nilsson)

(EN) Regarding the HSA re-inspection fees. The re-inspection fees should be increased to $25. (PS) Fees cannot be raised until there has been a Public Hearing.

(EN) Motion to schedule a Public Hearing to revisit HSA re-inspection fees.
(LK) Second. After Discussion: Vote 2-3 (PR), (LS), (GL). Motion dies.

Discussion: (PR) If it was for a missed appointment, I could understand the increase. HSA is housed at the Town Hall and does not pay any fees to Town such as lights, heat, etc. (EN) Yes, but if they need to respond on the week-end, would they be willing to go? (PR) I would be willing. (EN) $25 for re-inspection is really not bad. (PR) You have to realize that there are a lot of empty apartments in Town.

8. Review of 2013 Budget (Capital Outlay, Capital Reserve Transfers and Police Department)

(PS) This is to review Police Proposed 2013 Budget (Page 10) Lines 189 through 197. In relation to the Warrant Articles being proposed for Police Details, you can leave the values in, or change it for a three month period hoping that the Town passes the revolving fund. Chief Wharem: I would rather leave it in there and amend it at the Town Meeting.

Chief Wharem: There are also two Highway Safety Grants (DWI and Speed). We can apply for the grants and have an allocation made for it. Implementing the grants in past years has shown that they have been effective.

Chief Wharem: Referring to the purchase of a new cruiser, I have some estimates.

Capital Outlay: Interceptor (vehicle) $26,578.
Radio 2,995.
Outfitting Vehicle 8,804.
Repeater (Radio) 3,331
Painting/Lettering of Vehicle 250.

Total: $41,958

We usually transfer the equipment from car-to-car, but because the equipment is old and not working properly and cannot be fixed, I have included it as a new
item for the vehicle.

Capital Outlay (Page 25)

(LK) Motion to approve Line 444 –Police Cruisers for $41,958.
(EN) Second. Carried 5-0.

(LK) Motion to approve Line 442- Computer Replacement for $16,570.
(GL) Second. Carried 4-1 (EN).

(EN) They are not telling us what they are replacing the equipment with.
(PS) This computer company has been very reliable.

(LK) Motion to approve Line 443 – Tax Collection Software for $5,900.
(EN) Second. Carried 5-0.

Building Inspection (Page 14)

Jesse Pacheco, Building Inspector noted that he is approved to work 17 hours a week but this does not give him the opportunity to do necessary research, which he does on his own time, renovate the current files and building maintenance.
(LK) We could move it up to about 20 hours. Twenty-four hours a week would be about $33,600 which is a little too high.

(LS) Motion to approve Line 281 – Building Inspector to $28,000.
(PR) Second. Carried 5-0.
(PR) Motion to approve Total Building Inspection for $32,061.
(LS) Second. Carried 5-0.

(EN) Motion to approve Total Building Inspection & Housing Standards for $42,814. (GL) Second. Carried 5-0.

14. Copying

(PS) Cara recently released copies of expenditures to a citizen. She has advised that her practice is that individuals can receive copies of Town information such as the Budget free of charge. Assessments are being charged for. Board agreed that all copies of Town documents will be a charge of $.50 per page. (LS) Town documents can be reviewed at the Town Hall for free.

INFORMATION ITEMS

1. DOT Letter Re: Route 28 and 107 Intersection

(PS) Board will notice a letter contained in your packet of information from DOT. (See Attached.)

2. Results Depicting Police Department Staff Schedule on Days of Special Details.

(PS) This is the information which the Board had requested with the X signifying shift overlap for Board review.

OLD BUSINESS

1. Administrative Plan for Budget Stabilization Ongoing
2. Policy for Access to Town Property Next Agenda
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
(PS) We are getting closer on the Tax Deed Waiver for 36 Loudon Road. This should take a couple more weeks.
6. Appointment of Selectman to Foss Scholarship Committee Pending
7. Amendment to the Obstructing Streets and Sidewalks Ordinance

Board briefly discussed the Ordinance. It was suggested that possibly two separate ordinances would be better. (PS) Board is authorized to adopt ordinances. (LS) I would like to “tighten” them up a bid. The Ordinance is too vague; it should be clear.

APPLICATIONS and WARRANTS

1. Sewer Warrant 3rd Quarter

(PR) Motion to approve Sewer Warrant 3rd Quarter for $91,111.81.
(GL) Second. Carried 5-0.

CHECKS and MANIFESTS

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

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

MINUTES

1. Public Session Minutes of November 13, 2012

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

Corrections:

Page 3, Paragraph 1, Line 7 should read: (EN) All landlords are businessmen and they should keep themselves informed as to what is required.
Page 8, Line 3 should read: (LS) Chief, I appreciate your continued communication with the employee in this.
Page 8, Line 5 should read: …department and the Police Department did regarding the terrible accident last Friday. Chief DeSilva: Thank you to all those at the Fire and Police Department…..

2. Non-Public Session Minutes of November 13, 2012

(EN) Motion to approve Non-Public Session Minutes of November 13, 2012. (GL) Second. Carried 4-1 (LS).

PUBLIC INPUT

Mike Wolfe: Chief DeSilva was appointed to evaluate and make recommendations concerning the department. He does not train with us so how can he evaluate us?
Also, the Special Revenue – it all comes out of the same pocket. We scrounge here or there.

Close Public Input

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 9:35 P.M.

Board returned to Public Session at 10:25 P.M.

(GL) Motion to seal Non-Public Session Minutes of November 27, 2012.
(LS) Second. Carried 5-0.

Selectman Rogers left meeting at 10:25 P.M.

ADJOURNMENT

(LS) Motion to Adjourn. (EN) Second. Carried 4-0.

Meeting adjourned at 10:30 P.M.

Approved: December 4, 2012

_____________________________ ____________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded on November 27, 2012, transcribed and publicly posted on
November 29, 2012.

________________________________________
Delores A. Fritz, Recording Secretary

III Tapes
Attachment