June 7, 2011 Minutes

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

MEETING MINUTES OF TUESDAY, JUNE 7, 2011

CALL TO ORDER

Call to order at 6:05 P.M.

MEMBERS PRESENT

Ed Vien (EV), Chairman, Denise Morin (DM), Vice-Chairman, Fred Hast (FH), Paul Rogers (PR), Gerard Leduc (GL), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

(EV) Before we get started, I want to congratulate Chief Robert Wharem who was installed this past weekend as President of NH Chiefs of Police. It is nice that he is the Chief of Police here in Pittsfield. (Chief Wharem was not present at this time, but appeared within minutes of these congratulatory remarks.) Chief Wharem was then present and was congratulated in person.

PUBLIC INPUT

None.

Close Public Input

AGENDA REVIEW

(PS) Fire Chief Gary Johnson Residency (Requested by Fred Hast), Letter from Planning Board Re: 14 Depot Street, Transfer of $72.39 from Ambulance Fund to the General Fund, Timber Tax Levy Tax Map R18, Lot 8 – Osborne, Intend to Cut Tax Map R18, Lot 8 – Osborne, FMLA Request, Request to Carry Over Vacation Leave.
APPOINTMENTS

6:03 P.M.: Nick Abell/Parks and Recreation Committee

Nick Abell and Maryellen Plante were both present regarding the new pool employees who were introduced to Board.

Ms. Plante: We have contacted LGC who advised us that having lifeguards is not a mandatory requirement for pools. We intend to have the pool open Monday through Saturday, Wednesday evening and on Sunday 1:00 P.M. to 5:00 P.M. Signs will be clearly visible as to the presence of lifeguards both on the front gate and the lifeguard stations. This information will also be on the Website, noted in the paper, and Channel 24 if this can be arranged. References to the swimming lessons will also be available via these avenues as well. At certain times there will just be gatekeepers when lifeguards are not present. This will allow appropriate number of hours for the lifeguards and offer them days off as well. (EV) thanked all for coming in noting it was nice to be able to put a face with a name.
Ms. Plante: Some of the current gatekeepers have expressed an interest in lifeguard training and will probably be pursuing that for next year. The pool will be opening on June 24, 2011.

Ms. Plante: Also, the dredging that was to be accomplished by the Highway Department will probably not happen this year because it is too wet. George suggested draining the pool in the fall to allow it to dry over the winter and then dredge next spring. Therefore no diving board will be available this year.

Jennifer Kern: I just wanted to introduce myself as well. I am a Town employee that will be filling in at the Library.

All left at 6:15 P.M.

6:08 P.M.: Jeff Earls/Cross Country Appraisal Group

Jeff Earls: I understand that the Board has some questions pertaining to abatements.

(FH) After going through the abatements, I had some concerns regarding evaluations that have been decreased. He offered explanations concerning several pieces of property that he did not feel Cross County ever conducted interior views. Mr. Earls: The poor condition of some of these properties was noted. (FH) noted several properties which were severely deteriorated, fire related, in severe disrepair, and/or partially unfinished and felt that the appraisers had not gone into the structures or taken a good look at them. Mr. Earls noted that they would “look again” at those properties mentioned. (FH) Your company got a good/bad report from DRA on your evaluations.

Mr. Earls related that the DRA felt that the appraisals ratio was in line but that the use cap report statistics were not in compliance. Cross County has been trying to comply and will soon be getting some answers from DRA and then will be in compliance.

(PR) People do not have to let you in to view the property, is that correct? What is your procedure to make sure that it is in line? Mr. Earls: We do a quarter of the Town every year and after all quarters are completed, we send letters with appointment times though not all comply. We got into about 50% of the homes. It is noted on the assessment card with a RL if we were able to get into the property and RL if were not. (PR) Can you get us a list of those that you did view?
Mr. Earls: Yes, and I will do the reviews discussed and advise Board.

6:15 P.M.: Doreen Rich – Welfare Issue

(EV) Board has received a written complaint regarding a welfare issue. Chief Wharem: I believe she wants this to be in non-public since there is personal information involved. (EV) We cannot do this in non-public without Diane being present. We can reschedule this for the next meeting.

Mr. Rich: I am not trying to cause any problems. She is always asking for income and then suddenly does not want the information and says she has to go before this Board. How can you approve anyone without asking for their income? She told us that she has to go in front of this Board for approval. She got irate with me the last time. She should not be making people feel like crap. Mrs. Rich: There is a sign on her desk that is insulting. It is not easy to ask for help as it is. Mr. Rich: I even worked for the Town to pay back the money. I was the first successful person to do that. One time she tells us one thing and then denies it and is rude to us. Mrs. Rich: Because of all this, we have an eviction notice now. Mr. Rich: What do we do now? (EV) You can go before the appeals board. (DM) The application tells you the step-by-step process. Mr. Rich: I just got back to work and every time we come in she is rude and she does not make sense. Mrs. Rich: She should not treat people like that. She treats people with disrespect and it is not fair. Mr. Rich: I do not understand what the problem is. Mrs. Rich: She told him that he was on Food Stamps and he told her that he was not and she insisted that he was. I am on Food Stamps but not him. (EV) You can request to go before the Fair Hearing Board which they agreed that they would do.

Mr. & Mrs. Rich left meeting at 6:47 P.M.

6:20 P.M.: Silas St. James – PMHS

Mr. St. James was not present tonight.

NEW BUSINESS
ACTION ITEMS

1. Hawkers and Peddlers Permit Application – Linda Martin

(PS) The Board requested that we continue this to this meeting. (GL) It was anticipated that the Zoning Board would be meeting earlier.

Larry Konopka: I have a letter from the Health Officer today. (See attached.) (PS) The Statutes that are mentioned in the letter, do you have information on those? Mr. Konopka: No.

(GL) Motion to table Hawkers and Peddlers Permit Application for Linda Martin until after Zoning Board hearing. (FH) Second. After Discussion: Carried 4-0. (DM) Abstain.

Discussion: Chief Wharem: The vendors themselves need to apply, not the owner. It was noted that the regulation activates within the public venue. (FH) I do not think she needs a permit. Chief Wharem: She is exempt but every vendor on the property needs to have a Hawkers and Peddlers Permit. Mr. Konopka: This was referred to the CNHRPC a while ago but no conclusion resulted. (FH) She has a State Hawkers and Peddlers Permit. Chief Wharem: We have no temporary event ordinance. Mr. Konopka: I believe CNHRPC was to work on that also.

2. Park and Ride Project/Stipend from the Economic Development Committee

(FH) Is there a time limitation on the parking? (DM) They are just asking for funds to mark the wetlands for now ($1,719). Does the State want to participate at all in this? (EV) The State would like to see it done. (PS) There is a grant through the NHDOT.

(FH) Motion to approve the release of $1,719 to cover the cost of wetland delineation. (DM) Second. Carried 5-0.

Discussion: (PR) Is there any tax burden to the public? (EV) No, not really. Look at the value to the Town. We are hoping that it will bring more people into Town since they are here anyway. Ted Mitchell: We anticipate advertising heavily to include information about Town businesses and what Town can provide.

3. Draft Agreement for Kiosk Participation by Businesses

(FH) Motion to approve Agreement for Kiosk Participation by Businesses.
(GL) Second.

Discussion: (DM) had several questions and suggestions as to who would be the representative of Town and EDC. She noted that if the Board was agreeable she would present these to the EDC tomorrow night. It was noted that the EDC should have regulations they can follow concerning this kiosk signage

(FH) Withdraw motion to approve agreement for Kiosk Participation by Businesses. (GL) Withdraw Second.

(GL) Motion to table this matter until after EDC can revise and will be on the Agenda for the next BOS meeting. (DM) Second. Carried 5-0.

4. Mieko Langevin Estate

(PS) The Board has received a letter from Atty. Perkins responding to the Board’s letter. I have advised him that we are in receipt of his letter and will get back to him. (PR) The property can be sold for about $28,000, which is the land value and which is not a lot of money. This is just to settle the estate and get it off the books. (EV) Everyone has a story and I appreciate that. Everyone has no money and I can understand that. Nowhere in the letter did I note that Mr. Perkins would not get his “fair share.” (FH) Deed the property and auction it off. (GL) I think we should take it. Board agreed and (PS) will advise Atty. Perkins accordingly.

5. Draft Internal Control Policy/Management of Non-Sufficient Funds Payments Received

(PS) This is a draft of a policy which the auditors brought to the Board’s attention and which the Town Clerk has been working on. Liz has asked me to draft the document which will demonstrate a clean record of insufficient funds checks for the auditors.

(FH) Motion to approve document of Internal Control Policy: Management of Non-Sufficient Funds Payments Received. (DM) Second. Carried 5-0.

6. Selectmen to Award Paving Bid

(FH) Motion to approve Continental Paving bid for 2011 paving project.
(DM) Second. Carried 5-0.

7. Intra-Budget Transfer ($14,999) from Police Details to Police Overtime

(FH) Motion to approve transfer ($14,999) from Police Details to Police Overtime. (DM) Second. Carried 5-0.

Discussion: Chief Wharem: The overtime is used for court appearances, holidays, working past shift but does not cover sick and vacation time. We adjust the schedule for sick and vacation time instead.

8. Inter-Fund Transfer ($5,748.45) from the General Fund to the Municipal Building Repair and Maintenance Expendable Trust

(FH) Motion to approve transfer $5,748.45 from the General Fund to the Municipal Buildings Repair and Maintenance Expendable Trust.
(GL) Second. Carried 5-0.

It was noted that this is to cover work that has already been completed.

9. Code Enforcement Office/Building Inspector

(PS) This is on the Agenda for the Board to discuss work schedule of the Code Enforcement/Building Inspector and the Deputy Building Inspector.

(EV) It has come to my attention that Fred Hast, Deputy Building Inspector, spends a tremendous amount of time with the Building Inspector. When you work by yourself, you can often get more done. A couple residents have asked me why we have two building inspectors. (PR) I have calls asking me why a previous building inspector (Hank Fitzgerald) is riding with the building inspector. (FH) explained a particular project that Hank was knowledgeable about and noted that he, as the Deputy Building Inspector, needs to keep up with what is going on in that office so if called upon in that capacity he would be aware of what is going on. (PR) But, that is supposed to be Dan’s job. (EV) Who asked Hank to go along to look at the project in question? (FH) Dan did. (EV) Hank is not an employee of the Town. He is giving recommendations and is not certified to do so. (DM) This is a liability should something happen. (FH) Hank is working with the homeowner and not in the capacity of a building inspector. He is very knowledgeable and was trying to help. He knows a great deal about this. Dan is very knowledgeable himself and is trying to guide people. (EV) I agree with you and I have not one bad thing to say about the Building Inspector.

(FH) When Dan first started, the office was in a shambles and he and I cleaned it up and organized it which took some time. (EV) The Deputy Building Inspector is supposed to fill in when the Building Inspector is not available. The Board wishes you to cut back on the amount of time you spend there. (FH) As Deputy Building Inspector, I need to spend time there. I am going to continue to do what I think is right. (EV) The Board appointed you to that position and can remove you from that position. It is time for you to move back and let Dan go. You are going to do what you want and Board can remove you.

(GL) Motion to direct Building Inspector, Dan Kramer, not to have any non-Town-employees accompany him on calls. (DM) Second. Carried 4-1 (FH).

10. Fire Chief Gary Johnson Residency (Requested by Fred Hast)

(DM) Motion to go into Non-Public per RSA 91-A:3 II (c).

Motion fails due to lack of Second as Fire Chief Johnson stated: “I do not wish to go into Non-Public on this.”

(FH) I have been requested to just ask you where your residency is. Chief Johnson: Same place it has always been. (FH) I have been told you do not reside there. (PR) There have been a lot of questions on this. Chief Johnson: I guess I am working way too many hours. Sometimes I average about 52 hours a week and will be at the fire station late at night depending on what is going on. I have been sitting here for the past two hours tonight and it is insulting to me to be questioned on this.

11. Letter from Planning Board Re: 14 Depot Street

(PS) A letter has been sent to the Board from Ted Mitchell, Chairman, Planning Board regarding 14 Depot Street. The Board can address tonight or table and act upon this another night or send to Town Attorney for review. (EV) I think we should zip it off to Town Attorney for comments. (PR) Just for your information, there is a FOR SALE sign on the property which has been there about four to five days though it is not listed and should be. (EV) Ted, was this letter composed by you or jointly by the Planning Board members? Ted Mitchell: It was drafted by the members and I went through and changed a couple things. The Planning Board opposes the use of the attorney when it is not necessary. (EV) I am concerned that it should be done properly. (FH) There should not be any discussion about this; he is statutorily past the time to do anything. (DM) The Planning Board has read this letter and agreed that it should come before the Board of Selectmen? Ted Mitchell: Yes. (EV) I would E-mail this to Town counsel for response.

(DM) Motion to table this until next meeting after Town Attorney has addressed it. (PR) Second. Carried 4-1 (FH).

12. Transfer ($72.39) from the Ambulance Fund to the General Fund

(FH) Motion to transfer $72.39 from the Ambulance Fund to the General Fund. (GL) Second. Carried 5-0.

13. Timber Tax Levy Tax Map R18, Lot 8 – Osborne

(FH) Motion to approve Timber Tax Levy Tax Map R18, Lot 8- Osborne.
(DM) Second. Carried 5-0.

14. Intent to Cut Tax Map R18, Lot 8 – Osborne

(FH) Motion to approve Intent to Cut Tax Map R18, Lot 8 – Osborne.
(PR) Second. Carried 5-0.

15. FMLA Request

To be addressed in Non-Public Session

16. Request to Carry Over Vacation Leave

Jen Tedcastle related that she is asking permission to carry all of her accumulated vacation time from 2011 into 2012, approximately 172 hours. (EV) I am a firm believer that if you have vacation time that you should take it. Convince me. Jen Tedcastle: In January or February, we will be flying to China to adopt a baby and I would like to use my vacation time for that. Chief Johnson: It is pay me now or pay me later. Whether she is there or not, we will still cover her shift and we might be in better shape in 2012. (EV) You will take this time whether you carry over the vacation time or not? Jen Tedcastle: Yes. (EV) I am concerned with setting a precedent. (DM) I think it boils down to the contract. I am concerned about the contract. (GL) I recommend that we carry it over with some projected numbers from Chief. Chief Johnson agreed that he would research the numbers.

(DM) Motion that we do not approve request of Jennifer Tedcastle to carry over vacation time from 2011 to 2012. (GL) Second. Carried 4-1 (FH).

PUBLIC INPUT

Chief Wharem: I just wanted to advise Board that the Merrimac Motorcycle Race is June 11th and 12th, which is this weekend. They have a permit from the State of New Hampshire to ride dirt bikes on the road for the event. I am sure there will be some complaints but I just wanted Board to be aware of this. I have a map of the suggested route. Nancy Bates explained the route to the BOS.

Chief Wharem: Also, in my new capacity as President of NH Chiefs of Police, how would you like me to handle the payroll concerning meeting attendance? (DM) I would think just document the hours worked. Chief Wharem: If my attendance at a meeting would be something applicable to the Town, I would like to be paid for that part of it. (EV) Just make a note on the payroll sheet.

Chief Wharem left meeting at 8:26 P.M.

Ted Mitchell: I will be attending TAC meeting at the CNHRPC and would like to volunteer for STIP as a representative from the Planning Board. (DM) No one else would like to volunteer from the Planning Board? Ted Mitchell: No, not at this time. Mr. Mitchell was requested to submit a letter to this effect.

(DM) Ted, thank you for all the lovely flowers around the Town Hall.

Close Public Input

NON-PUBLIC SESSION

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

Board went into Non-Public Session at 8:28 P.M. after short recess.
Recess at 8:29 P.M.; resume in Non Public Session at 8:33 P.M.

Board returned to Public Session at 8:40 P.M.

(GL) Motion to seal Non-Public Session Minutes of June 7, 2011.
(PR) Second. Carried 5-0.

ACTION ITEMS (Continued)

15. FMLA Request

(DM) Motion to approve FMLA for Brian Eldridge duration till
December 11, 2011. (GL) Second. Carried 5-0.

INFORMATION ITEMS

None.

OLD BUSINESS

1. Bids for Town Hall Window Frame Rehabilitation

(FH) I have had a conversation with Lt. Gauthier and they have several crews out now. They have one carpenter and are looking for three more. They will call when they have the additional manpower. I would suggest getting Dan’s input on this. He has all the necessary tools which he has offered to loan to Town. They will require transportation and I may not be available. Seeing how I was kicked in the a–, maybe I should not get involved. You are telling me I cannot work side-by-side and I am trying to work with him. It is on-the-job training when I go with him. (EV) You pushed to get a certified Building Inspector, now let him do his job.

It is noted that this will remain on the Agenda as a reminder under Old Business but “Bids for” will be deleted

2. Request for DRA Assessing Representative to Discuss 2010 Revaluation with Selectmen

(FH) We can take that off the Agenda as Old Business.

APPLICATIONS AND WARRANTS

1. Timber Tax Levy, Tax Map R17, Lot 2 – Tucci

(FH) Motion to approve Timber Tax Levy ($47.71), Tax Map R17, Lot 2.
(DM) Second. Carried 5-0.

2. Timber Tax Levy, T49, Lot 17-1 – St. Martin

(FH) Motion to approve Timber Tax Levy ($288.28), Tax Map R49, Lot 17-1. (GL) Second. Carried 5-0.

3. First Quarter 2011 Sewer Warrant

(FH) Motion to approve First Quarter 2011 Sewer Warrant ($79,301.53).
(GL) Second. Carried 5-0.

CHECKS AND MANIFESTS

(FH) Motion to approve Payroll and Direct Deposit. (GL) second. Carried 5-0.

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

MINUTES

1. Public Session Minutes of May 17, 2011

(GL) Motion to approve Public Session Minutes of May 17, 2011. (FH) Second. After Correction Noted: Carried 5-0.

Correction: Page 5, No. 9 at end of paragraph add: “who was on the Board of Selectmen at that time.”

2. Non-Public Session Minutes of May 17, 2011

(DM) Motion to approve Non-Public Session Minutes of May 17, 2011.
(GL) Second. Carried 5-0.

Prior to the actual vote on the Non-Public Session Minutes, Board engaged in a discussion concerning:

Eviction Notices: (PS) There are the folders concerning the Eviction Notices on the Deeded properties. There are six copies in each folder, which must all be signed by each Board member with original signature. Some will be delivered via Dan Kramer and Police Officer and those residing out of town will be processed as necessary.

Fire Department: (PR) The overtime for the Fire Department seems to include a great many hours. Rather than paying overtime, would it be prudent to hire additional personnel part-time. (PS) This is the first time that the suggestion to increase the number of staff members has come up. The Committee that was supposed to be set up reviewing this has never come to fruition and I am unsure if it began now if it would have the proper amount of time to come with suggested resolutions. These are issues that will be addressed in union negotiations.
(PR) What would the Town save by paying the people without benefits, instead of overtime? (PS) explained the process by which overtime is governed according to the union contract. (PR) I have noticed that Town pays for individuals to attend classes but then they are unable to work a shift that is uncovered and it becomes necessary to pay overtime.

ADJOURNMENT

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

Meeting adjourned at 9:06 P.M.

Approved: June 21, 2011

_____________________________ ____________________
Edward Vien, Chairman Date

I hereby certify that these Minutes were recorded by me on June 7, 2011, transcribed and posted on June 9, 2011.

_______________________________________________
Delores A. Fritz, Recording Secretary

III Tapes

Attachment