December 16, 2014 Minutes

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

MEETING MINUTES OF TUESDAY, DECEMBER 16, 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), Michael Williams (MW),Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT:

None.

PUBLIC INPUT

Dan Green: I am having a problem with the way that the Minutes for the Planning Board are being done. When I was speaking they noted my name, which I announced and are in the Minutes, as is my address, which I did not. I spoke for about ten minutes and only a few of my comments were contained in the Minutes. It seems to be the way the Planning Board Secretary does it. Can the Board of Selectman look into it?

(LK) If you would put your concerns in writing and send it to us. (MW) There is nothing illegal about this and the way to address this would be to have some sort of policy. There is no logical reason why it should be listed. Please send a letter as to your concerns. (LK) The Board of Selectman can send a letter to Planning stating we are concerned.

Close Public Input

AGENDA REVIEW

(GL) Budget Update; (LK) Article in The Sun; (LS) Shaw Road

BUDGET REVIEW

1. EDC – Ted Mitchell

Ted Mitchell was present.

Ted Mitchell: I think everyone has a packet of information and my letter requesting an increase in the EDC budget from $4,500 to $7,000. One reason for this increase is to update Pittsfield’s Economic Profile. This was last done in 2007 and will include a list of businesses in Pittsfield – which will be about $4,000. Information from that document will be taken to create an updated Economic Chapter of the Master Plan. There will be about $800 for articles and so forth. We are hoping to get some good news about things this year which may cost some money. We are going after businesses who have shown interest in Pittsfield. The economy has turned around again in the secondary market – which includes Pittsfield, and there will be things coming up which require funding.

Ted Mitchell: The consensus in Town is that there is optimism in the economy; businesses are more upbeat and it is time to push some things. (LK) There has been big improvements in economic development. Ted Mitchell: Things are prime and we are looking towards two potential contacts. (LK) I support your efforts and your budget.

Economic Development – Page 25:

(LS) Motion to approve Economic Development proposed Budget ($7,000). (AD) Second. Carried 5-0.

NEW BUSINESS
ACTION ITEMS

1. Bear Paw Conservation Easement

Phil Auger was present.

Mr. Auger: I am here tonight to request BOS sign the conservation easement issued to The Boston Minuteman Council, Inc., Boy Scouts of America for their land in Pittsfield on the shores of Wild Goose Pond. This strips away the rights for any further development, subdividing, mineral rights, etc. Access rights will continue. This is all described in the Deed which is recorded as a perpetual description. The Boy Scouts will continue to own it. (LK) This has been reviewed by Town counsel.

(EN) Motion to approve signing conservation easement issued to The Boston Minuteman Council, Inc., Boy Scouts of America. (AD) Second. Carried 5-0.

Discussion: Mr. Auger explained the obligations, overlapping interests and enforcement of the terms of the easement. (GL) Can Conservation Committee check on this on perhaps a yearly basis and communicate to Town. Mr. Auger: This is agreeable.

BUDGET REVIEW – Continued

2. Highway – George Bachelder

George Bachelder was not present. Will be continued to a future Board meeting.

3. Building Inspector – Jesse Pacheco

Jesse Pacheco was present and presented an updated budget for Building Inspector.

Building Inspection – Page 16:

Jesse Pacheco: Line 307 – Code Books have not yet been adopted. We are still working with the 2009 Code Books.

Line 308 – Vehicle Repairs & Maintenance: I rarely use Town vehicle and do not know what to expect.

Line 309 – Mileage Reimbursement: I use my vehicle most of the time, and the van is not in good condition. (LK) We cannot let the van just sit out there not being used. Jesse Pacheco: It is not a four wheel drive and should be a car rather than a van. (LS) If you do not use it, we should not put money into it to repair it but sell it. (MW) This is the former van of the Animal Control Officer and I say sell it. (AD) It looks like we will be giving you mileage – you will be recording it? You are asking to carry that on this budget? Jesse Pacheco: Yes.

(EN) questioned the stipend that the Highway Department Superintendent receives – why is that different? What is the reason behind that? Part of it is recorded as mileage and the different goes into his paycheck. (AD) Anyone driving for the Town should record mileage. Jesse Pacheco: It will be the same as this year.

(LS) How many hours per week are you requesting? Jesse Pacheco: The Budget is for $27,575. (LS) You average 15-20 hours per week. (MW) It went from $24,332 to $27,575. This is a 53 week payroll year. (LS) $3,000 for one extra week? Jesse Pacheco explained that he does not record a lot of the hours that he puts in to do whatever has to be done. (LS) That is one of the reasons we talked about a Maintenance person. How many hours is this budget based on?
Jesse Pacheco: You had given me 22 hours. (LS) That would be $24,800 based on the same amount of hours. Whatever hours you need to work is what I expect you to be paid for.

(LS) Motion to approve Budget Line 294 – Building Inspector for $24,800. (EN) Second. After Discussion: Carried 3-2 (EN) and (AD).

Discussion: (LS) I would like to see justification for the hours per week. Jesse Pacheco: The hours I work will be recorded in order to do the job I need to do. Sometimes I do inspections for which I do not record the time. (LK) You pretty much have everything up to speed in your office. Jesse Pacheco: Not completely.

(AD) You really do not have a set schedule of hours; you come in when something is needed to be done at your discretion which you judge by phone calls, paperwork, etc. What I am thinking is that hopefully with the up and coming businesses into the Town, the budget should be $25,500. I sense that Jesse will be a lot busier this year than last year.

(LS) Motion to approve rest of Building Inspector Budget, except for Line 308 – Vehicle Repairs & Maintenance, as proposed. (EN) Second. Carried 5-0.

4. ZBA – Carole Dodge

Carole Dodge, Chairman of Zoning Board was present.

Planning and Zoning – Page 6:

Board discussed with Ms. Dodge Line 87 – Board Secretary and Line 97 – Training.

(EN) Motion to approve Line 87 – Board Secretary for $3,800. (LS) Second.

Discussion: (AD) Again, I see the Zoning Board becoming busier and would like to see Line 87 at $4,000. Carole Dodge: $4,000 would be a lot closer to covering our meetings. Our meetings are not out of hand and run fairly efficiently.

(EN) Rescind Motion to approve Line 87 for $3,800. (LS) Rescind Second.

(AD) Motion to approve Budget Line 87 for $4,000. (EN) Second. Carried 5-0.

5. Planning Board – Clayton Wood

Planning Board – Page 6:

Clayton Wood, Chairman was present.

Clayton Wood: I believe this is the first time that I have appeared in front of the BOS regarding the Budget. I believe that Line 87 – Board Secretary includes the Planning Board Secretary. (MW) This is a combined position. Clayton Wood: You might want to look at that. Line 90 – Training, there are basically two meetings that Board members can attend, one at the OEP and the other later in the year at LGC. There is some free training sponsored by CNHRPC. Line 93 – Contract Services – the CNHRPC is assisting in revising the SubDivision Regulations but the applicants pay for some of their services. The CNHRPC are always helpful when needed. (MW) What about the printing for the Master Plan, do you anticipate anything there? Clayton Wood: He explained that the Master Plan will not be released in one “chunk” but rather the thought is to do it in segments. There will be no costs for the Master Plan yet.

(LK) What about Line 95 – Legal Notices? Clayton Wood: Should be some money spent there? (MW) to check.

(LK) If you have a recording secretary for the Planning Board, there should be funding established for that. With the situation at the Planning Board and the way it is going, you might want to…

(AD) POINT OF ORDER – we need to focus on the Budget right now. (LK) This is part of the Budget. If the Planning Board chooses to have a recording secretary there needs to be money in the budget. (MW) This needs to be in the Budget. Clayton Wood: The Planning Board never requested that these funds be removed. (LS) The reason that the funds ($2,400) came out was because the recording secretary did not continue because she was mistreated by the Planning Board. This is just to clarify the history. (LK) Anyone like to motion to add in the $2,400? (LS) Who would hire the recording secretary for the Planning Board? (LK) The Board of Selectman. (LS) I have a problem with that.

(EN) Motion to table Planning & Zoning Budget for now.
(AD) Second. Carried 5-0.

6. HSA – Bill Elkins

Housing Standards – Page 16:

Ammy Ramsey, Administrative Assistant was present.

Ms. Ramsey: She related that the fees have been increased. I am not sure how the Administrative Assistant was funded but I was appointed to work for 25 hours per week. (EN) Line 323 – Office Equipment, what does that entail. Ms. Ramsey: I believe it is for electronic equipment. (MW) Come January 1st, all postage, copying and other costs will be recorded per department. Ms. Ramsey: Since I have been the Administrative Assistant, I have not used the upstairs copier and have only used the postage meter a couple of time, for which I have recorded the costs. I realize that HSA should be self-sufficient. (LS) Why the increase in training? Ms. Ramsey: I believe it is to have individual ICC certified.

(EN) Motion to approve Housing Standards Budget as proposed.
(LS) Second. Carried 5-0.

7. Library – Beverly Pietlicki

Dana Sansom was present.

Library – Page 24:

Ms. Sansom: We already have some changes to the proposed Budget. We did not realize that 2015 is a 53 pay period year. There is an increase in salaries of $3,214. (MW) General maintenance will be part of their budget and will increase costs.

(EN) Motion to approve proposed Budget for Library ($72,572.)
(GL) Second. Carried 5-0.

8. Emergency Management – Rob Freese

Rob Freese was present

Emergency Management – Page 17:

Rob Freese: We will be applying for Federal Grant for the Emergency Operations Plan Update. He questioned whether he should budget for emergency fuel should it be necessary to utilize generators during outages, etc. Board did not feel that this was necessary but rather it would be attributed to the individual departments.

(EN) Motion to approve Emergency Management proposed Budget ($10,000). (LS) Second. Carried 5-0.

(LK) Thank you, Rob, you are doing a great job.

Rob Freese left meeting at 6:25 P.M.

Break: 6:25 P.M. Resume: 6:30 P.M.

ACTION ITEMS – Continued

2. Zoning Board Appointment

Carole Dodge noted that Jeffrey Swain (who is present) would like to be an Alternate to the Zoning Board. He has completed the application. He has been to several meetings and has decided he would like to be a member of the Zoning Board.

Mr. Swain indicated that he had been before the Zoning Board for a Special Exception previously. “A lot of people complain but do not participate to make things better.”

(EN) Motion to approve Jeffrey Swain, Alternate to Zoning Board; term to be determined by Chair of Zoning Board. (AD) Second. Carried 5-0.

3. Shaw Road Paving

Selectman Konopka recused himself and was seated in the audience.

(MW) The question is do we want to pave Shaw Road through the Operating Budget or have a Warrant Article. I recommend putting it in a Warrant Article. We already have a large operating budget with the SRTS and the generators.

(LS) It is not usual to put something like this in the operating budget. How much is it going to cost? (MW) About $45,000 – the generator for Highway Department would average $35 – $40, 000. (LS) How long will the “band-aid fix” on Shaw Road last? (MW) Maybe a year. The issue is not just the road but also the culverts per George Bachelder. (AD) How bad is it?

Larry Konopka: As a citizen, I have noted that in the spring this area washes out driveways, and the run-off washes out the road. It happens every spring. To keep “band-aiding” the project effects the culverts. George would like to see it done. There is no budget for it and we may have to pay for it anyway.

(MW) The generator for the Highway Department is necessary because during power outages, they cannot pump fuel. There are various tools that require electricity. The estimate of $25 to $35,000 was from a couple of years ago. They had even considered taking the Police Department generator to see if it could be repaired. Larry Konopka: The generator at Highway Department died and I brought my generator down there for them to use. (MW) We could possibly acquire a surplus generator. A new one would run the pumps and everything else that is necessary. This has been a problem for several years. (GL) A band-aid fix can fail at any time.

(AD) One of these has to be taken care of. (MW) I have discussed this with George and the engineers and doing the repair of the road after the Shaw Bridge Project does not matter. (AD) Which one is more important? (EN) It is further up Shaw Road where the culverts are that is the problem.

(AD) Motion to table Shaw Road in the budget. (EN) Second.
Carried 3-0. (GL) Abstain.

Selectman Konopka returned and was seated on the Board (6:45 P.M.)

BUDGET REVIEW – Continued

9. Encumbrances

(MW) We took care of all except one encumbrance for $25,000 – do you need to encumber that?

(AD) We are waiting for George Sansoucy’s report and will then move forward on that. His next bill will be $15,000. The funds were discussed and it is noted that George Sansoucy’s report will cost $30,000, half of which has been paid and the additional $25,000 will probably also be needed after that.

(EN) Motion to encumber $25,000 for Aqueduct Purchase.
(AD) Second. Carried 5-0.

10. Warrant Articles

(MW) I am looking for guidance on the potential Warrant Articles that will be taken up in 2015. Board reviewed the Warrant Articles as presented.

Article 2 – Elected or Appointed Planning Board: Board agreed they would like to see a 7 member elected Board – which includes one ex-officio member.

Article 3 – Adoption of Town Manager Plan: Board ultimately decided that they were not agreeable with adoption of a town manager plan. (LS) The Board of Selectman provides checks and balances. This one will be omitted.

Article 4 – Change HSA Ordinances method of administration from a board to an enforcement officer. Board was agreeable.

Article 5 – Authorization for Selectmen to act as agents of the Town Hall Capital Reserve Fund. Board was agreeable

Article 5a – Collection of additional vehicle registration fees in the amount of $5.00. Several Board members were not agreeable but (MW) will check to see what the number of vehicle registrations would be in order to make a decision.

Article 6 – Playground Equipment and Dam. Board would review and determine later.

Article 7 – These are cost items included in Collective Bargaining Agreement. Pending

INFORMATION ITEMS

1. Brian Eldredge – Roads Scholar Completion

(MW) Brian Eldredge has achieved the status of Master Roads Scholar. Also, we have received a letter from the Barnstead Police Department commending the assistance of Sgt. Joseph DiGeorge and his K9 partner. (MW) to send letters of congratulations.

It was also noted that George Bachelder has completed 32 years of service to Pittsfield. He will also be sent a letter of congratulations.

2. Sale of State Owned Land – Tax Map R15, Lot 28

(MW) We have received notice from the State regarding the sale of State owned land. Town has thirty days to express any interest in purchasing the land. Cost is approximately $55,000. (LS) I believe NEMO was interested in the purchasing of that property. (MW) Town has first refusal.

APPLICATIONS and WARRANTS

1. BTLA Settlement Agreement

(MW) The settlement agreement has lowered the assessed value by $16,900.

(LS) Motion to approve BTLA Settlement Agreement for Tax Map R34, Lot 27 decreasing value by $16,900. (EN) Second. Carried 5-0.

2. Equalization Certificate

(EN) Motion to approve the Equalization Certificate as presented.
(AD) Second. Carried 5-0.

3. Capital Reserve Fund Transfers

(LS) Motion to approve transfer of funds from the General Fund to Town NHPDIP General Fund:

$25,000 Police Cruisers
$30,000 Fire & Rescue
$20,000 PW Small Highway Truck
$25,000 PW Loader
$20,000 PW Grader
$20,000 PW Backhoe
$60,000 Sidewalk Tractor
$35,000 EXT Municipal Bldg. Rep & Maint.

(EN) Second. Carried 5-0.

4. Budget Update

(GL) Now that the Budget Committee has reviewed the budget with the Department Heads, things are running pretty smooth.

(MW) School has now dropped off their budgets, which are down. Board copies are now ready for Board review.

5. Article in The Sun

(LK) Everyone has seen the article in The Sun; would the Board like to respond? (MW) The Board can respond, but as Town Administrator, I do not need to respond. (AD) Why respond? (LK) The article is very negative. I have tried explaining to Clayton the reason for the discussion is not to replace a member doing the Minutes, but rather not having a sitting Board member doing the Minutes. (AD) I am concerned about the public and that is why I called Point of Order earlier. LK) I was asked to be a member of the Planning Board and I am trying to communicate with that Board about this matter. I have never seen the Planning Board in the condition it currently is in. Would anyone else like to be on the Planning Board? I am getting frustrated. I did leave the last meeting but I did not leave angry. There were a couple of Motions which were called out of order by Secretary. Mike, do you have any suggestions? (MW) Perhaps a generic letter to the Editor. (LS) A response might make it worse and I cannot offer a suggestion about how to respond. (GL) I can understand Larry’s frustration because when you are on the receiving end, it is a different story. (LK) I will wait to see what happens at the meeting on Thursday.

APPLICATIONS and WARRANTS

1. Account Transfer – Ambulance

(EN) Motion to approve transfer $22,458.14 from the Ambulance R&F Fund to the General Fund. (LS) Second. Carried 5-0.

2. Account Transfer – Skate Park (Closes Account)

(MW) This closes the account.

(EN) Motion to approve transfer of $.61 from the Skate Park Account to the General Fund. (AD) Second. Carried 5-0.

3. Account Transfer – PB/ZBA (Closes Account)

(MW) This closes the account.

(EN) Motion to approve transfer of $101.83 from PB/ZBA Account to General Fund. (AD) 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.
(GL) Second. After brief Discussion: Carried 5-0.

Discussion: (LS) A 26 ½ hour shift for one individual is too long. (MW) noted that Department Head had provided a justification for the hours. (EN) A while ago the Fire Department was coding items for overtime which they do not do any longer. To work 24 hours is a long shift, was there some break in between? (MW) I have talked to the Fire Chief about this and the problem is covering the shifts.

MINUTES

1. Public Session Minutes of November 18, 2014

(LS) Motion to approve November 18, 2014 Minutes with Corrections.
(EN) Second. Carried 5-0.

Corrections:

Page 11, Paragraph 1, Line 1 deleted. Paragraph starts with George does a fantastic job keeping…………

Page 11, Paragraph 4, Line 2 should read: …anything else. I never requested the survey, George Bachelder did and the Board approved it.

(EN) Motion to approve Non-Public Session Minutes of November 18, 2014. (AD) Second. Carried 5-0.

2. Public Session Minutes of December 2, 2014

(LS) Motion to approve Public Session Minutes of December 2, 2014 with Correction. (EN) Second. Carried 4-0. (LK) Abstains

Correction:

Page 3, Paragraph 3, Line 4 should read: Chief Cain: There are a lot of one time and done items.

(EN) Motion to approve Non-Public Session Minutes of December 2, 2014.
(AD) Second. Carried 4-0. (LK) Abstains.

PUBLIC INPUT

None.

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.

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

Board returned to Public Session at 7:58 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 (LS) 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.

BUDGET REVIEW – Continued

Personnel Administration – Line 87 – NHRS Settlement

(LK) Motion to approve Line 87 – NHRS Settlement ($24,711.)
(EN) Second. Carried 3-2 (LS) & (AD).

(LK) The only recourse we have is to pursue reimbursement from prior Fire Chief.

(MW) Line 86 – Teamsters Vacation Agreement ($7,113) will go away if settlement is accepted.

Solid Waste Disposal (BCEP) – Page 21:

(LS) Motion to approve Solid Waste Disposal proposed Budget ($150, 000).
(EN) Second. Carried 5-0.

Generator – Highway Department:

(LS) This was budgeted for about three years ago.

CIP’s: (MW) to review and present next meeting.

Police Department: Police Chief will continue to work on Budget for approval.

ADJOURNMENT

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

Meeting adjourned at 8:07 P.M.

Approved: January 6, 2015

___________________________ _________________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on December 16, 2014, transcribed and publicly posted on December 22, 2014.

_____________________________________
Delores A. Fritz, Recording Secretary

No Attachment
Olympus: 2.37.05