September 18, 2012 Minutes

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

MEETING MINUTES OF TUESDAY, SEPTEMBER 18, 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.

PUBLIC INPUT

Larry Berube: I am still looking to know about the policy concerning the sidewalks. (PS) presented a copy of the report from the Police Chief.

Robert Lincoln: I am here to support Paul Rogers. He has taken a place and fixed it up very nicely with benches in front of the building, flowers, and other items. Previously the place was empty and just recently he took over the other side. Before this, there was an establishment one hundred feet from the church that was not ideal. We now have somebody here that is doing it right. He has built up his clientele. He needs time to straighten this all out. Someone said he should be shut down until you find a solution. How does that look to the people of Pittsfield? I voted for this Board and he is a Board member. All he is doing is improving it.

Larry Berube: As far as the last statement is concerned, the problem is safety. The business does look good, but if I can get hurt there, I have issues. As far as the building, I met the owner of the property…… (LK) suggested if there are any other issues to write them down and make them available to the Town Administrator. Larry Berube: There is a positive business in there, but as a Board of Selectmen member, you have to do everything right. There is still the safety issue. I have no problem with the business; just do it correctly.

Nick Abell: Could the Board revisit looking at the Ambulance/Fire schedule and reverting back to the old schedule before the end of the year.

Close Public Input (6:04 P.M.)

AGENDA REVIEW

(GL) Elections, Mileage Reimbursement; (EN) Three Information Items for next Agenda, Bids for Dumpsters and Alarms; (LS) Town Hall Security; (LK) Letter from Welfare Director Re: State Law Change, (PS) Appointment of Emergency Management Director and Representative to the Capitol Area Health Network, Clarification of Bid Bond Requirement for Fire Department Roofing Project, Resignation of Police Officer Richard Wiltshire, Sidewalk Report/Main Street, Memo Re: Library Repair Progress, Letter from Janice Osborne Re: Jitters and Paul Rogers and Non-Public Session – Personnel.

NEW BUSINESS
ACTION ITEMS

1. Intersection of Routes 28 and 107/Request for Turn Signal

(LK) We have a letter here from Mark Sawyer regarding a green arrow for left hand turns at the Intersection of Routes 28 and 107. I agree. I would like to see this letter dispersed to the Fire and Police Department for their thoughts on this.

(PS) I had a discussion with Chief Wharem and he indicated they would not put in a separate turn signal as it effectually would hold up traffic, especially in the summer. As we know, the green turn signal is not green for everyone. I believe the Fire Chief and Police Chief would favor a separate turn signal. (PS) to acquire letters of recommendation from Fire Chief and Police Chief and along with the Town’s letter will be forwarded to DOT.

2. Discussion Re: Unkempt Property

(LK) I think this now 85% taken care of but we will keep an eye on it (95 Clough Street.) (LS) Thank you, Larry, for intervening and helping with this.

3. Holiday Hours Town Hall: Columbus Day, Day Before Christmas, Day Before New Year’s

(PS) Historically the employees at the Town Hall have requested taking a vacation day for the Columbus Day holiday. This year the request is to remain open on Columbus Day and close day before Christmas Day and New Year’s Day.

(PR) Motion to approve allowing employees Town Hall to take vacation days on December 24, 2012 and December 31, 2012 which result in Town Hall being closed and remain open on Columbus Day, October 8, 2012. (LS) Second. Carried 5-0.

4. Adoption of Fund Balance Policy

(PS) You have before you a Fund Balance Policy which was driven by updated rules in concert with DRA. The policy is before you for adoption tonight or review for future if you prefer.

(LS) Motion to approve Fund Balance Policy. (GL) Second. After brief Discussion: Carried 5-0.

Discussion: (LS) Paul this has gone through the auditors. (PS) Yes.

5. Resignation – Emergency Management Director and Capitol
Area Public Health Network

(PS) You have a letter regarding the resignation of Chief Robert Wharem as Emergency Management Director and as representative to the Capitol Area Public Health Network. (LS) read letter into Minutes.

(LS) Motion to accept resignation of Chief Robert Wharem as Emergency Management Director and as representative to the Capitol Area Public Health Network. (EN) Second. Carried 5-0.

6. EDC Proposal Re: Irving Property

(PS) In your packet of information, there is a letter from Ted Mitchell, Chairman, EDC pertaining to dialogue with Kathy Barker, Cobalt Properties (Irving Oil Representative) and the EDC of the cleanup and usage of the property located at
49 Carroll Street and the possible donation of the property to the Town. Ted Mitchell is suggesting Board approve concept and allow SVRDC, EDC and Cobalt Properties accomplish this. (LS) noted it is a gateway property coming into Town and the ultimate goal is to get it cleaned up so that it can be used for business. I think it is a good idea.

(LS) Motion to approve supporting communication with Cobalt Properties (Irving Oil) for 49 Carroll Street with the objective of acquiring it as a donation to the Town of Pittsfield. (PR) Second.

Discussion: (EN) I would suggest including in letter to them that *it is imperative that there be no commitment to the Town during this process without discussing same with the Board of Selectmen and with Board’s approval.

ADDENDUM:

(LS) Amend Motion to include this *directive (See above).
(PR) Second Addendum. Carried 5-0.

7. EDC Recommended Contract with Stuart Arnett Development
Group, LLC

This Professional Service Contract Agreement with Arnett Development Group LLC is for services per-hour for community and economic development assistance as requested by an Agent of the Town. Mr. Arnett was an initial part of the Charrette process and has volunteered his time to the EDC in this matter with a coordinated effort to see the Charrette plans coming to finalization. Board is suggesting that Scott Arnett work with Town on these economic services.
(LS) We have requested that he keep these two involvements separate. The funds will be taken out of the EDC fund which currently is about $4,000. We are cutting back on the use of Matt Monahan.

(LS) Motion to approve acceptance of Professional Service Contract Agreement with Arnett Development Group LLC. (EN) Second. Carried 5-0.

8. Proposed Increase in Fee Schedule as Proposed by
Housing Standards Agency

(PS) The Housing Standards Agency has sent a letter proposing an increase in inspection and re-inspection fees. (See Attached.) Mr. Elkins is here tonight and could address this request.

Bill Elkins: I had not anticipated speaking tonight, but the fee has not been changed for quite a few years – about 7-10 years ago – and with all the expenses and increases it is felt that this would be appropriate. Inspector utilizes his own vehicle and the biggest part is training. Therefore, we have submitted a request for an increase in the inspection and re-inspection fees. This is a necessary evil with the increased number of apartments and services in Town.

(PS) We can schedule the Public Hearing on October 2nd or 16th.

(EN) Motion to approve scheduling a Public Hearing for proposed increase in Fee Schedule by Housing Standards Agency for either October 2nd or October 16th. (LS) Second. Carried 5-0.

9. Appointment of Emergency Management Director and Representative
To Capitol Area Health Network (Requested by Larry Konopka)

(LK) I have discussed this with Fire Chief DeSilva and he is willing to take
on this position temporarily. I would like to advertise for this position in-house (Post Office, Website, Town Hall, Fire Department and Police Department Bulletin Boards) to try and get volunteers. I have discussed with Nancy St. Laurent and she has agreed to discuss the position with Chief DeSilva.

(LS) Motion to approve temporary appointment of Fire Chief John DeSilva as Emergency Management Director. (PR) Second. Carried 5-0.

(LK) There is no Deputy Emergency Management Director and I would assume that the Board can fill in if necessary.

10. Clarification of Bid Bond Requirement for Fire Department Roofing
Project (Requested by Eric Nilsson)

(EN) Because of the size of the roofing project, we would need a Bond which is not indicated on the bid. Board agreed that they would waive need for Bond for roofing project.

(EN) Motion to waive bid for Bond for Fire Department roofing project.
(GL) Second. Carried 5-0.

(PS) to advise Building Inspector that there is no Bond associated with this project.

11. Resignation of Police Officer Richard Wiltshire

(PS) There is a letter of resignation by Police Officer Richard Wiltshire.
(LS) read letter into Minutes. (See Attached.)

(LS) Motion to accept resignation of Police Officer Richard Wiltshire with letter of Thank You for services to Town. (PR) Second. Carried 4-0. (GL) Abstain.

(GL) I have tried several times to make arrangement for an Exit Interview.
(LK) We can discuss that later.

12. Sidewalk Report Re: Main Street

(PS) Board has been awaiting report from Police Chief concerning complaints registered regarding impediments placed in front of Jitters Restaurant by owner/operator.

Paul Rogers recused himself and was seated in the audience (6:36 P.M.)

(PS) Chief Wharem has submitted a fairly detailed report and has made a recommendation (read into Minutes by EN).

The final conclusion is that the only possible violation of any section of this in my opinion is under Section III, Paragraph C of the Obstructing Streets and Sidewalks Ordinance. My reasoning is that I believe we comply with the ADA requirement, no snow removal obstacles exist during the winter months, and that the ordinance is clear as to if that applies to objects or people. There is also a mechanism in place for a permit to be issued under certain conditions if so granted by the Board of Selectmen. Moving forward I would recommend that all items to be placed on any portion of the sidewalk comes before the Board of Selectmen and that this is based upon a yearly or seasonal condition. This would allow for the Board of Selectmen to grant or deny the displaying or decorating of items on the sidewalk to include festivities during our year.

Respectively,

/s/: Robert E. Wharem
Chief of Police

(LK) I would suggest submitting an application with Waiver and sketch to the Board of Selectmen for review.

Paul Rogers: I am good in applying for a Waiver. (LS) Nice report from the Police Chief on this.

(PR) returned and was seated on the Board (6:40 P.M.)

13. Memo Re: Library Repair Progress (Requested by Eric Nilsson)

(EN) I have sent an E-Mail to Paul and as you can see, we do need to take care of a second means of egress which would need to be engineered since the staircase has to be bigger and would require insight from an engineer. There are some water issues and a walkway which has to be paved for wheelchair accessibility along with lighting on the sidewalk. (See Attached.) We will need to get some quotes for the foundation repair and I will help the Town with that. We have kept Rosa informed of progress. The biggest expense is going to be the second means of egress.

(PR) In 1908, the now Library was given to the Town with the assumption that it would be used for nothing except meeting rooms. We could check for some notations as to what purpose it was initially donated. (EN) Even if it was for meeting rooms, it would still need a second means of egress. (LS) How long has the Children’s Library been there? (PR) 8 years. (LS) Thank you, Eric, for all your help. (EN) Also we might be able to find an engineering intern at UNH that could assist us with this.

14. Letter from Janice Osborne Re: Jitters and Paul Rogers

(LS) read into Minutes letter from Janice Osborne regarding Jitters Restaurant. (See Attached.)

15. Mileage Reimbursement

(GL) What is the current rate for mileage reimbursement? One individual is claiming 56 cents per mile.

INFORMATION ITEMS

1. New Hampshire Retirement System/Change of Rates

(PS) I have provided information concerning the way NH Retirement System continues to change and who can and cannot be considered as a member. Also attached you will find the new employer rates effective July 1, 2013 which will be included in the 2013 Budget.
2. Auditor’s Communication of Significant Audit Findings for 2011

(PS) The Auditor’s findings by Plodzik & Sanderson have been submitted. Overall the information that we provide is very satisfactory. (LS) So, we have adopted the Fund Balance Policy and they are recommending a debit/credit card policy and a formal write-off policy pertaining to Ambulance Fund. I would like to have a print-out of adjusting entries. (PS) to do.

3. New State Law and Welfare

(LK) There is a new State Law noting that when an individual is denied Social Security benefits, that the burden will fall back on the Town.

4. Elections

(GL) I have been in two different towns on Election Day and during the elections the Secretary of State while appearing in Epsom noted that two Board of Selectmen are required to be present at all times, which Epsom had not complied with. (PS) to check.

5. Bids: Dumpsters and Alarm System

(EN) I would like to have Bids advertised for the dumpsters and alarm systems. We have about three months before contracts expire and would suggest these be Action Items on the next Agenda. (GL) I agree with Eric.

(EN) I have spoken to a friend regarding the alarm system and he advised that the Town needs to have the dialers in place before municipal fire alarm goes up.

OLD BUSINESS

1. Administrative Plan for Budget Stabilization

(LS) I have distributed some information on proposed Warrant Articles. There is a joint meeting of the Board, Budget Committee and Department Heads tomorrow.

2. Policy for Access to Town Property

(EN) I will work on this with you.

3. Policy for Recruitment and Employment to be Revised

(EN) This one should be on the next Agenda.

4. Policy for Employee Total Compensation

(LS) I would like to have this one as soon as possible.

5. Tax Collector/Action by Selectmen/Tax Deed Waivers
(Halted until Tax Lien Notifications are Reconciled)

(PS) Erica and Cara are continuing to go through the past records.

6. Library Basement

See Action Items No. 13

7. Estimate for Painting K-9 Vehicle

(EN) I am looking for some different options and I will keep the Board updated.
(LK) We could talk to Diamond Signs. A decal would be about $500. (PR) We would need to get an estimate and what it includes before we entertain an option. (LS) I will not support any costs to the taxpayers in relation to the K-9 vehicle. (LK) agreed he would get a quote from Diamond Signs.

8. Alarm System – Town Hall

(EN) We are working on it.

APPLICATIONS and WARRANTS

1. Intent to Cut Tax Map R05, Lot 2

(LS) Motion to approve Intent to Cut Tax Map R05, Lot 2. (EN) Second. Carried 5-0.

2. Intent to Cut Tax Map R-26, Lot 20-2

(LS) Motion to approve Intent to Cut Tax Map R26, Lot 20-2. (EN) 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.

(GL) I have a question concerning mileage. The rate submitted by HSA.
(PS) will check.

MINUTES

1. Public Session Minutes of September 4, 2012

(PR) Motion to approve Public Session Minutes of September 4, 2012 with Correction. (LS) Second. Carried 4-0. (GL) Abstain.

Correction:

Page 8, Paragraph 2, Line 9 add: (LS) As I have previously noted, I will not support anything that encompasses costs to the Town.

2. Non-Public Session Minutes of September 4, 2012

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

PUBLIC INPUT (7:15P.M.)

Nick Abell: Last week I mentioned the dumping on Quail Ridge Road – any progress on that? (PS) I will check with the Building Inspector. Nick Abell: The Irving property, how old is the building and is the Town going to be left with the clean-up? (PS) We are working on that. Nick Abell: The Public Hearing for the increase in fees for the HSA, could we have that scheduled on October 16th which will be after their next meeting? Board agreed.

Gary Mullen: Have you checked for other spaces for the Children’s Library.
(LS) They are talking about it with the School.

Adam Gauthier: As I recall from previous meeting, DOT rejected putting a green turn arrow at the Intersection of Routes 28 and 107. The Deputy Clerk position, is that a part-time position now? (PS) Yes. Adam Gauthier: The Noise Ordinance in Town, is the time 7:00 A.M. (PS) I believe so. Adam Gauthier: I was at Dunkin Donuts at 5:30 A.M. and there was timber cutting going on at that time on Kaime Road. (EN) We will have the Chief look into it.

Close Public Input

NON-PUBLIC SESSION

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

OTHER:

As the public was dispersing, Robert Lincoln noted that he has not been to a Board of Selectmen meeting in a long time but wanted to congratulate this Board on getting things done and conducting the meeting without conflict and arguing.

Break: 7:20 P.M. Resume in Non-Public Session at 7:25 P.M.

Board returned to Public Session at 7:55 P.M.

(LS) Motion to deny Grievance. (GL) Second. Carried 5-0.

ADJOURNMENT

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

Meeting adjourned at 8:04 P.M.

Approved: October 3, 2012

______________________________ ______________________
Lawence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on September 18, 2012, transcribed and publicly posted on September 20, 2012.

___________________________________________
Delores A. Fritz, Recording Secretary
/daf: I Tape:Attachments