April 15, 2014 Minutes

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

MEETING MINUTES OF TUESDAY, APRIL 15, 2014

CALL TO ORDER

Call to order at 6:00 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), Cara Marston (CM), Administrative Assistant, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT:

None.

PUBLIC INPUT

None.

AGENDA REVIEW

(GL) Reference to Page 11, Minutes of April 8th – Info; (LK) Medical Leave Request, Jitters Request, HSA, and Non-Public – Employee.

NEW BUSINESS
ACTION ITEMS

1. Marilyn Roberts’ 4/8/14 Request for Release of Non-Public Minutes

(LK) The Board will go into Non-Public Session regarding this.

(EN Motion to go into Non-Public Session per RSA 91-A:3 II (c) – Matters which, if discussed in public would likely affect adversely the reputation of any person other than a member of the Board itself, unless such person requests an open meeting. (LS) Second. Carried 5-0. Individual members of the Board
were polled and all agreed.

Board went into Non-Public Session at 6:02 P.M.

Board returned to Public Session at 6:20 P.M.

NOTE: RSA 91-A (III) – Minutes of proceeding in non-public session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section. Minutes and decision reached in non-public session shall be publicly disclosed within seventy-two (72) hours of the meeting, unless, by recorded vote of 2/3 of the members present, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than the members of the Board, or render the proposed action ineffective. In the event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.

Shall the Minutes be publicly disclosed? No.

Motion made by (EN) and Seconded by (AD) to not publicly disclose the Minutes because it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the Board and render the proposed action ineffective.

(LK) Motion to unseal Non-Public Session I Minutes dated March 18, 2014. (AD) Second. Carried 5-0.

(LK) Motion to approve redacting all names noted in Non-Public Session I Minutes dated March 18, 2014. (AD) Second. Carried 5-0.

PUBLIC HEARING ( 6:25 P.M.)

(LS) read into the Minutes the Notice of Public Hearing, Proposed Expansion of the RSA 79-E District, April 15, 2014 (See Attached.)

Public Input:

Ted Mitchell: I am for it.

Close Public Input
(LS) Motion to approve expansion of the boundaries of the existing RSA 79-E district as noted in the Public Hearing Notice. (EN) Second. Carried 5-0.

2. Hardware Protection Plan for Public Works ChromeBook

(CM) When ordering the ChromeBook online, it was noticed that there is a Protection Plan that can be purchased also.

(AD) I would recommend that we do this – $69 or $99 which covers an accident plan. The reason why is due to where it is used and where it “goes.” Board discussed further and agreed that the $69 Protection Plan would be adequate.
(AD) The protection plan for $69 covers a lot.

(AD) Motion to approve purchasing two-year Protection Plan ($69) for Highway Department ChromeBook. (LS) Second. Carried 5-0.

3. Bid Draft for 136 Rocky Point Road Clean-Up Project

(LK) The bid looks good to me. (EN) The Building Inspector has questioned whether Board would want a contract bond for this project? Jesse Pacheco, Building Inspector: This is a form that I put together that can be utilized for all bids. I would think that a project this small would not need a contract bond.
(LK) Board can always waive bond.

(LK) Motion to approve Bid for publication for 136 Rocky Point Road clean-up project. (GL) Second. Carried 5-0.

Board agreed that bid would be on the Website and in The Sun for one week with a deadline submit date of May 9, 2014 with pre-bid view on May 1, 2014 (with Jesse Pacheco, Building Inspector.)

4. Medical Leave Request

(LK) This will be addressed in Non-Public Session.

(EN) Motion to go into Non-Public Session per RSA 91-A:3 II (a) – The dismissal, promotion or compensation of any public employee or the disciplining of such employee or the investigation of any charges against him unless the employee affected: (1) Has a right to a meeting, and (2) Request that the meeting be open, which case the request shall be granted. (AD) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 6:35 P.M.

Board returned to Public Session at 6:37 P.M.

(LS) Motion to approve Medical Leave for Brian Eldridge for up to twelve (12) weeks. (EN) Second. Carried 5-0.

INFORMATION ITEMS

1. Update on Library Project

Waiting pending Bids.

2. NH DOT Pre-Construction Conference for Signal Upgrade and
Routes 28 & 107 Intersection Reconfiguration

(EN) They were here previously and if the information is the same, we probably do not need to attend. (LK) My concern is that it is done right. Board agreed that (EN) would contact DOT to determine if intersection reconfiguration is as depicted at the last visit from DOT. If necessary, Board will make sure that Town representative is in attendance.

3. Comprehensive Economic Development Strategy (CEDS) Information

Matt Monahan, CNHRPC, was present to offer a brief overview of the CEDS information.

(CEDS) a comprehensive economic development strategy is designed to bring together the public and private sectors in the creation of an economic roadmap to diversify and strengthen regional economies. Grants are available and communities are urged to submit a proposed project list.

Pittsfield Proposed Project List:

1. Feasibility Study for a Regional Police, Fire/Rescue and EMT Facility
2. Sewerage Treatment Plant Expansion
3. Sidewalk Reconstruction
4. Removal of Building on Town Owned Property (79 Tilton Hill Road) – This involves removal of asbestos siding.
5. Upgrade Town Hall (includes installing elevator)
6. Feasibility Study for Expansion of Sewer and Water on Route 28 (Loudon Road)

An application for participation is available (Ted Mitchell) which will be submitted.

Matt Monahan left meeting at 6:55 P.M.

4. Jitters Request

(LK) We have a letter from Paul Rogers noting that he would like to place benches/flowers/etc. on the sidewalk at 44 Main Street as he has done in the past at the previous location. He has noted that there is adequate space. Board discussed his use of the flags. (EN) In the past, we used the sketch which the Police Chief gave us. (LK) suggested tabling this matter till the next meeting. (AD) Jesse, could you make sure that nothing is placed on the sidewalk prior to the Board addressing this matter. Jesse Pacheco: Yes.

OLD BUSINESS

1. Proposal to Lease Town Property Submitted by Joseph Cortese
This will be taken off the Agenda till applicant completes Zoning Board and/or Planning Board hearings. The applicant has not yet responded to the temporary use of other Town property.
2. Police Special Detail Rate Pending
3. Request of Paul Rogers Abate Sewer User Fee s Pending
4. Request of Wendy Chen Abate Sewer User Fees Pending
5. Request of Paul Rogers Waive Permit Fees Pending
6. Request of Wendy Chen Waive Permit Fees Pending
7. Town Board/Committees/Commissions Members
This will be tabled for now and addressed by new Town Administrator.

APPOINTMENT
HSA Update Moving Office

Bill Elkins: We have had our monthly HSA Board meeting and have discussed financial issues, namely who will pay for the renovation. (LK) This all started with Bill, Hank and myself evaluating the area and then the Building Inspector got involved. Board approved the costs of $700 to be accomplished by volunteer. Then there were a few code issues. We discussed with Bill about utilizing landlord fees to cover the costs of the renovation. Liz Hast: The fees pay for the inspector. We do not have all this money. Why do we have to pay for this and why do you want us out? (LK) The issue is that space is tight; things are getting cramped with the need for file space; we are not trying to “kick HSA out.” Liz Hast: We cannot pay for this. (LK) I contacted LGC to determine who would be responsible for paying for this project. I have not heard back from LGC on this matter. Technically, HSA is not a part of the Town. Liz Hast: HSA was voted in by the Town way back when. (LK) I have checked with other departments within Town but there is really not any space available to house HSA.

Bill Elkins: What about if we share the costs? (LK) I would not have a problem with that.

Hank Fitzgerald: HSA is a Town entity. Comments were made as to why I was pushing for certain building codes to happen (soundproofing) and that is because of the strict privacy issues concerning Welfare. (AD) When this all started, it was the Town that requested the move. I guess I feel because the Town requested it, that we should share the expense. (LK) Do you think HSA would be willing to share the expenses 50/50? (Bill Elkins noted that he would address Board on this but thought that would be a possibility?) Liz Hast: You want us to vacate ASAP? (LK) We have a new Town Administrator coming in and would like to utilize that space. Bill Elkins: Once we get the approval for this, the builder noted he could have the wall and the door in place in one day. (LK) This would make it about $1,400 a piece – Pat Heffernan: Plus $500-$600 for electrical. Hank Fitzgerald: The space down there is more than adequate. It is a better space for what we do.

(EN) I am not for the Town paying for it. (LS) It would improve the Town building and is going to benefit us. The Town should be responsible for this.
HSA cannot take it with them should they leave and it would be an improvement
to the Town Hall. (GL) I am okay with this. It will make the area upstairs more efficient for our use. I am all for splitting the costs.

(AD) Motion to approve 50% of the costs for relocating HSA downstairs.
(LS) Second. Carried 4-1 (EN).

Break: 7:20 P.M. Resume: 7:25 P.M.

5. Page 11, BOS Minutes – April 8, 2014

(GL) If you will refer to the AFT-NH Contract, Article 36 notes:

OUT OF CLASSIFICATION WORK

An Employee who is required to work out of classification covering a position assigned a higher classification shall be compensated at the rate of twenty percent (20%) more than the employees current hourly rate of pay. The higher classification pay rate is for covering vacancies and long term illness, not for vacation coverage. In order to be eligible for this pay an employee must work ten (10) consecutive workdays. Higher pay shall be retroactive to the first day of assumption of duties.

(GL) That is the reason we did what we did. We voted this in on the ninth day and were close to being in violation of this Contract.

OLD BUSINESS – Continued

8. Discussion of Release of Personal Memo

(LS) I have one question. On Page 8 of the April 1, 2014 Minutes, did Bart Maher review this. (LK) Yes, Beth Deragon and Bart Maher. So, the Town has spent $1,720 to Beth Deragon and $426 to Bart Maher for a total of $2,146 to address something a citizen said.

Selectman Small recused herself and was seated in the audience. (7:27 P.M.)

(LK) We have a new Town Administrator coming in on May 1st and I do not feel it is beneficial for the Town to have this matter unsettled. What will it take to settle this matter? Even though you feel it was not a personnel document, why did you not allow the Board to discuss this matter before releasing the E-Mail to the public? I have discussed this matter this afternoon with Paul Sanderson from Local Government Center. He said that is what breaks down the trust in boards. That is what we must build back! We should allow the Board to discuss this situation first; then, if decided by the Board, what steps are taken. I do not like to be sitting here addressing this matter again. It is not beneficial to have negative interaction between Board members auditorily displayed before the public.

(LS) It has never been clear what we should be doing with E-Mails. They are constantly flying back and forth between Board members. I do not like to spend money for legal counsel for something that was related. You, Larry, directed the Department Head to write a letter. You, Larry, directed a third party to put a complaint in writing about a citizen. You (Larry) directed someone to do it. If Lyn Roberts had written a rebuttal in the paper, we would not be sitting here now. I will not agree that I have done anything wrong. (LK) I believe that you, Linda, in good faith believe that this was not a confidential document. Do you feel you used bad judgment in this matter and do you believe you have learned from this matter? (LS) I’ll give you that. I do not believe it was a confidential document. I can say I used bad judgment on releasing this document and I can learn from this. (LK) Paul Sanderson related that we need to get the trust back between the Board members. Yes, I suggested that they put everything in writing but this Board does that with everything that comes before us.

(LS) So far this is a free country with free speech. We need to stop talking about people in Non-Public. That is my belief. (LK) You believe that this was not a personnel matter; I believe that if you were in the same situation you would have said “put it in writing.” (EN) Whenever we get a complaint, we request that it be put in writing. (LS) The only reason this came up was because she was addressing an employee.

(LK) In the future, when incidents like this come up, the employee will be given the option to be present and address in Public or Non-Public. (LS) RSA 91-A states what warrants a Non-Public Session for complaints against an employee not a complaint against a private citizen . (LK) I would rather serve on the side of caution and come out of Non-Public and unseal the record. What is it you want to happen? (LS) I want the vote reversed. (LK) I still say we had the right to move forward, and I do not think we did anything wrong. If that is what we have to do to make peace with this then I am willing to do this. (GL) I think the problem could still be taken to the Labor Board and it will cost us “big bucks” for a lawsuit. (LS) This concerns two private citizens and has nothing to do with the Board.

(EN) I am torn about this and have no hard feelings toward Linda. I believe you released a personnel document and would rather serve on the side of caution.

(LS) Can I learn from this? Yes. Have I learned to do things differently in the future? Yes. Would I do it again? No. Have I ever released documents before and then cc’d you that I had done it? (LS) agreed that it was, perhaps, a bad judgment call to release the E-Mail to the public without Board reviewing it first.

To address the Board of Selectmen Motion of April 1, 2014:

(LK) Motion to approve rescinding April 1, 2014 breach of confidentiality.
(AD) Second. After Discussion: Carried 2-1 (GL). (EN) Abstain.

Discussion: (LK) We need to work together and trust each other. (LS) Board does need to change a few things as there are problems and shortcomings
between Board members.

Selectman Small returned and was seated on the Board. (7:47 P.M.)

APPLICATIONS and WARRANTS

1. Notice of Intent to Cut Timber – Tax Map R52, Lot 2

(EN) Motion to approve Notice of Intent to Cut Timber Tax Map R52, Lot 2. (LS) Second. Carried 5-0.

2. Notice of Intent to Excavate – Tax Map R48, Lot 2

(EN) Motion to approve Notice of Intent to Excavate Tax Map R48, Lot 2.
(LS) Second. Carried 5-0.

3. Excavation Tax Warrant – Tax Map R48, Lot 2

(EN) Motion to approve Excavation Tax Warrant – Tax Map R48, Lot 2.
(LS) Second. Carried 4-0.

4. Timber Tax Warrant – Tax Map R38, Lots 10 & 2

(EN) Motion to approve Timber Tax Warrant – Tax Map R38, Lot 10 & 2.
(LS) Second. Carried 5-0.

5. Timber Tax Warrant – Tax Map R50, Lot 7-10

(EN) Motion to approve Timber Tax Warrant – Tax Map R50, Lot 7-10.
(LS) Second. Carried 5-0.

6. Timber Tax Warrant – Tax Map R38, Lots 3, 3-2, 3-1, 8, 9-2

(EN) Motion to approve Timber Tax Warrant – Tax Map R38, Lots 3, 3-2,
3-1, 8, and 9-2. (LS) Second. Carried 5-0.

7. Timber Tax Warrant – Tax Map R39, Lot 31

(EN) Motion to approve Timber Tax Warrant – Tax Map R39, Lot 31.
(LS) Second. Carried 5-0.

8. Land Use Change Tax Warrant – Tax Map R16, Lot 3-2

(LK) recused himself and was seated in the audience. (7:50 P.M.)

(EN) Motion to approve Land Use Change Tax Warrant – Tax Map R16,
Lot 3-2. (GL) Second. Carried 4-0.

(LK) returned and was seated on the Board. (7:52 P.M.)

9. Application for Current Use – Tax Map R51, Lots 7-1 & 8

(EN) Motion to approve Application for Current Use – Tax Map R51,
Lots 7-1 & 8. (LS) Second. Carried 5-0.

10. Application for Prorated Assessment for Damaged Building –
Tax Map U01, Lot 01

(EN) Motion to approve application for Prorated Assessment for Damaged Building – Tax Map U01, Lot 01. (GL) Second. Carried 5-0.

11. Abatement for Prorated Assessment for Damaged Building –
Tax Map U01, Lot 01

(EN) Motion to approve abatement for Prorated Assessment for Damaged
Building – Tax Map U01, Lot 01. (GL) Second. Carried 5-0.

12. Application for Veterans’ Tax Credit – Tax Map R04, Lot 01-4

(EN) Motion to approve application for Veterans’ Tax Credit – Tax Map R04,
Lot 01-4. (GL) Second. Carried 5-0.

13. Parade Permit – Old Home Day

(EN) Motion to approve Parade Permit – Old Home Day. (LS) Second.
Carried 5-0.

Board signed all applications and warrants.

CHECKS and MANIFESTS

(LS) Motion to approve Accounts Payable and Checks Register.
(EN) Second. Carried 4-0. (LS) Abstain.
(LS) Motion to approve Payroll and Direct Deposit. (GL) Second.
Carried 5-0.

MINUTES

1. Public Session Minutes of April 8, 2014

(EN) Motion to approve Public Session Minutes of April 8, 2014
with Correction. (LS) Second. Carried 5-0.

Correction:

Page 2, Paragraph 2 should read: (LK) For the record, I was on my cell when you called and I related that I would call you back, which I did.

(EN) Motion to approve Non-Public Session Minutes of April 8, 2014.
(GL) Second. Carried 5-0.

OTHER

Rustic Crust: Board agreed that a letter regarding their “re-opening”
would be sent. (LS) to do.

(LK) Thank you, Cara, for doing a good job.

(LS) Regarding the Teamsters Contract, I would suggest that Atty. Deragon
and Bill Cahill work on it together. It is a very comprehensive document with a lot of changes and I would suggest using counsel to review the contract.
(EN) suggested going into Non-Public Session to further discuss some of the employee matters. Board agreed.

PUBLIC INPUT

Pat Heffernan: Question: does the 79-E designated area stop at the Rustic Crust lot? (LK) No, just past it. Ted Mitchell: At about Atlantic Safety. Pat Heffernan: Why not run it right to the end? (LS) We thought about it but did not want to complicate things at this time. We can extend it again if we want to. Pat Heffernan: It would be a great area to encourage people to build up. It is the gateway to the community. (LS) At this time, we wanted to take care of Rustic Crust. It might be something that we will take a look at in the future. The downtown district was originally where it was. Pat Heffernan: Are existing businesses eligible for this? (LS) Probably, but I am not sure what the requirements are at this point. The State just added more requirements to the 79-E.

Jesse Pacheco: Regarding Building Permit Signs, the costs vary according to when you apply for the sign and if a residency or a commercial parcel. It is very confusing as to what the costs are. (LK) suggested tabling this until the next Board meeting. Jesse Pacheco: There are other things also. (LK) Why don’t you put them in writing and submit by Friday so that Board has an opportunity to review it.

Jesse Pacheco: I have been to a lot of Board meetings and most Boards have gotten better about relating to each other. The public is usually present. Citizens look up to you to run the Town. I pay taxes and I feel that we should look to the Boards to help us with running the Town. I agree what you did tonight is a positive step in working with each other. The Town is starting to move forward. Government is giving us more rules to live by but we have to follow them. We have to do our jobs. (LK) I come down here every Tuesday to help my community and hopefully walk out a little smarter. Jesse Pacheco: Boards cannot please everyone – you can’t – there are too many people out there. I think what you did was right.

Close Public Input

NON-PUBLIC SESSION

(EN) Motion to go into Non-Public Session per RSA 91-A:3 II (a) – The dismissal, promotion or compensation of any public employee or the disciplining of such employee or the investigation of any charges against him unless the employee affected: (1) Has a right to a meeting, and (2) Request that the meeting be open, which case the request shall be granted. (GL) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 8:20 P.M.

Board returned to Public Session at 8:27 P.M.

NOTE: RSA 91-A (III) – Minutes of proceeding in non-public session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section. Minutes and decision reached in non-public session shall be publicly disclosed within seventy-two (72) hours of the meeting, unless, by recorded vote of 2/3 of the members present, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than the members of the Board, or render the proposed action ineffective. In the event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.

Shall the Minutes be publicly disclosed? No.

Motion made by (GL) and Seconded by (AD) to not publicly disclose the Minutes because it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the Board and render the action ineffective. Carried 5-0. Individual members of the Board were polled and all agreed.

ADJOURNMENT

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

Meeting adjourned at 8:32 P.M.

Approved: April 22, 2014

_________________________ _______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on April 15, 2014, transcribed and publicly posted
on April 17, 2014.

___________________________________
Delores A. Fritz, Recording Secretary

Attachments
Olympus: 1.52.25