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

MEETING MINUTES OF TUESDAY, MARCH 25, 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,
Gerard LeDuc (GL), Albert Douglas (AD), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT:

Linda Small (LS)

PUBLIC INPUT

None.

AGENDA REVIEW

(PS) Agreement and Waiver for Parking on Public Works Lane, Proposed Agreement to Lease Town Property, Establishment of Chain of Command, Assessing Town Administrator E-Mails, Permission for Chairman to Seek Counsel When Needed, Proposed Police Department Organizational Structure Documents; Leavitt Road, Oaths of Town Officers, Appointment of Welfare Director.

NEW BUSINESS
ACTION ITEMS

12. Proposed Agreement to Lease Town Property

(LK) I have not had a chance to review this yet and I do not think the other Board members have either. (PS) The Agreement was received today from the attorney. (LK) We can table this for now. Board agreed.

13. Agreement and Waiver for Parking on Public Works Lane

Board member related that the number of address listed should not be noted on Agreement. (LK) This document is the efforts of (PS) and myself. I did not contact counsel for their review. This will allow Noblespirit, LLC (Cortese, 31 Dowboro Road) employees to park on Public Works Lane for the next ninety (90) days with the Town reserving the right to terminate this agreement at any time. (LK) explained the process was the responsibility of Joseph Cortese having the key for opening/closing the gate.

(EN) Motion to approve Agreement and Waiver for Joseph Cortese and
Town of Pittsfield. (AD) Second.

After Discussion: (EN) Withdraw Motion and (AD) Withdraw Second.

(PS) This Agreement will not be between Joseph Cortese and the Town of Pittsfield.

(EN) Motion to approve Agreement and Waiver to allow all employees of Joseph Cortese parking on Public Works Lane. (AD) Second. 4-0.

(PS) All employees will sign document and provide proof of insurance. If an individual does not carry insurance on their vehicle, they will need to park in the driveway of Joseph Cortese.

Joseph Cortese: I want to thank the Board for their efforts. I realize that they do not have to do this. Thank you. The results will speak for themselves.

(LK) noted “The Town is trying to work with you on this and the ninety days will give you time to proceed with the zoning part of this.”

Polly Cortese: Wanted to know why Chair did not already have permission to seek counsel when needed. (LK) explained that he does, but it is a renewal process every year.

Mr. & Mrs. Cortese left meeting at 6:16 P.M.

1. Appointment of Town Representative to the Regional Comprehensive
Economic Development Strategy Committee

(PS) Ted Mitchell has been recommended to be placed on this Committee.

(GL) Motion to approve appointment of Ted Mitchell to the Regional Comprehensive Economic Development Strategy Committee.
(AD) Second. Carried 4-0.

2. Adoption of Revised Private Detail Rates

(PS) Because of agreement with Town, pay rate will be increasing to $37 per hour,
And the detail will be increased by $1.00.

(AD) Motion to approve detail rate for Police Department be increased by $1.00. (EN) Second. After Discussion: Carried 4-0.

Discussion: (EN) Since they are increasing the detail, need to ask Chief about increasing cruiser rate by $1.00. (PS) to send Memo to Chief Wharem.

3. State Form MS-232, 2014 Adopted Town Budget

(PS) This is the standard form to be filed with DRA due to the action at the Town Meeting.

(EN) Motion to approve State Form MS-232. (GL) Second. Carried 4-0.

4. Consideration of Allowing the Trustees of Trust Funds to Establish a PayPal Account

(PS) Trustees of the Trust Fund have the requirement with the Foss Scholarship to recoup some of the funds distributed. In this electronic age, they thought it might be a more successful if users were allowed to utilize PayPal Account and put the information on the Website.

(EN) Motion to allow Trustees of the Trust Funds to establish PayPal Account. (AD) Second. After Discussion: (EN) Amend Motion to note “information should not be put on Website until clarified by Board of Selectmen” (AD) Second Amendment. After Discussion: Carried 4-0.

Discussion: (AD) The request to put this on the Trustees Page Website – is that the proper place to put this information? (PS) The Trustees are elected by the voters and the Trustees have a separate responsibility pertaining to the Foss Scholarship Fund. They are trying to do what they possibly can to recoup the funds. Board can make determination that it should not go on the Town Website. (AD) I did not know if there was some type of policy and if it is “legal” and I am concerned should there be any repercussions. (PS) Board can grant them the authority to use PayPal but not put it on the Website. (AD) I am sure they have already checked into that but I would like to further find out about this. I do not know of any other Town Website that does this. I would like to make sure. This will be on the next Agenda.

5. Transfer from Bridge Repair Fund to the General Fund in the
Amount of $3,219.58

(EN) Motion to approve transfer of $3,219.58 from Bridge Repair Fund to the General Fund. (AD) Second. Carried 4-0.

6. Transfer from the General Fund to the Dustin Park War Memorial Maintenance Expendable Trust in the Amount of $1,494.07

(EN) Motion to approve transfer of $1,494.07 from the General Fund to the Dustin Park War Memorial Maintenance Expendable Trust. (AD) Second. Carried 4-0.

7. Transfer from the General Fund to the Ambulance Fund in the Amount of $869.66

(EN) Motion to approve transfer of $869.66 from the General Fund to the Ambulance Fund. (AD) Second. Carried 4-0.

8. Consideration of Action/Contract with George Sansoucy in the amount of $30.000.

(AD) Motion to approve Agreement with George Sansoucy to provide a contract for general consulting services with regard to the municipalization of Pittsfield Aqueduct Company in the amount of $30,000. (EN) Second. Carried 4-0.

Discussion: (AD) The proposal was discussed last week and payment plan consists of half of amount ($15,000) upon the signing of the Agreement and the other $15,000 upon the completion of the report. I will notify the members of the Aqueduct Purchase Committee.

9. Engagement Letter for 2013 Audit

(EN) Motion to approve and authorize Chair to sign Engagement Letter for 2013 Audit, Plodzik and Sanderson. (AD) Second. Carried 4-0.

10. Security for Computer Passwords

(PS) Cara has been authorized to maintain the computer passwords. She is asking that Board establish a policy in this regard. (LK) This would follow the chain of command: Board of Selectmen Chair and/or Board of Selectmen Vice-Chair.

(EN) Motion to approve protocol for Cara to maintain and release computer passwords with the authorization of the Board of Selectmen Chair or vice-Chair. (GL) Second. Carried 4-0.

11. Action on Avitar’s Abatement Recommendations

(EN) Motion to approve recommendations made by Avitar for attached list of abatement applicants. (GL) Second. Carried 4-0.

14. Proposed Agreement to Lease Town Property

Tabled until further review.

15. Establishment of Chain of Command

(LK) We had initiated a chain of command prior to hiring Town Administrator which needs to be updated.

(EN) Motion to approve Chain of Command to be Board of Selectmen Chair and Vice Chair until further notice with Chair assuming responsibilities and authority of Town Administrator. (GL) Second. Carried 4-0.

16. Accessing Town Administrator E-Mails

(LK) I have discussed this with Cara and agreed that all Town Administrator
E-Mails will be forwarded to Administrative Assistant’s E-Mail and a link will be established to Selectman Konopka’s E-Mail for access from his home.

(EN) Motion to approve that all Town Administrator E-Mails be forwarded to the Administrative Assistant and a link be set-up for Chair access. (GL) Second. Carried 4-0.

17. Permission for Chairman to Seek Counsel When Needed

(EN) Motion to grant permission for Chairman to seek counsel when needed. (GL) Second. Carried 4-0.

Discussion: (AD) This will be in the same type of technique as previously designated. You will be going to counsel when you need to go to counsel.
You have our permission.

INFORMATION ITEMS

1. Update on Library Project

(EN) Things are rolling again. The architect is on board and we will be meeting on Thursday and offer proposal to the Board

APPLICATIONS and WARRANTS

1. Retraction of Approval of Veteran’s Credit Application,
Tax Map R29, Lot 4

(EN) Motion to retract approval of Veteran’s Credit for Tax Map R29, Lot 4. (AD) Second. After Discussion: Carried 4-0.

Discussion: (GL) What is the reason for the retraction? (PS) When the individual submitted his DD214, there were “cross outs” noted on the form and there should be “no cross outs” on the document. We have sent a letter to the applicant to provide us with a clean copy, but to date have received no response. This has been verified with DRA and Veterans.

2. Application for Veteran’s Tax Credit, Tax Map R38, Lot 6

(EN) Motion to approve Veteran’s Tax Credit Tax Map R38, Lot 6.
(AD) Second. Carried 4-0.

3. Application for Elderly Tax Deferral, Tax Map R28, Lot 2

(EN) Motion to approve Elderly Tax Deferral Tax Map R28, Lot 2.
(AD) Second. Carried 4-0.

(GL) How close to 80% is he? (PS) You will note on the spreadsheet calculations; he has up to $216,293 and he is at $116, 000.

APPOINTMENT

7:00 P.M.: Police Chief Robert Wharem – Personnel and Organizational
Structure

Police Chief Robert Wharem: Regarding personnel, we have reviewed the resumes and it is quite conclusive that the best candidate would be Meggin Dail.
I am asking that Board appoint Meggin Dail to the position of Administrative Assistant.

(AD) Motion to approve hiring Meggin Dail as Administrative Assistant at same rate of pay for 24-30 hours a week. (EN) Second. Carried 4-0.

Organizational Structure: Chief Wharem related that he had met with Board about six weeks ago and there are now several areas that I feel can improve the Police Department. I have submitted a proposed Police Department Organization Structure and job summaries for the different positions. The organization structure includes Chief of Police, Lieutenant, Sergeant, Detective/Juvenile Officer (Patrol Officer), Administrative Assistant and Patrol. (See Attached.)

The Board discussed the various requirements for different positions including the range of salaries. (LK) This is something that will have to be discussed with the Union and will need to be negotiated. Chief Wharem: Regarding the Lieutenant position, if you will look at the overtime, take half of that amount, make it a salaried position and then the overtime would go away. The Town does not vote on the structure of the Police Department but only the funding. The Lieutenant position was in effect originally. (LK) Have you discussed your proposal with Town Counsel (Beth Deragon), as it is a big move? How would you proceed with filling the positions? Chief Wharem: They would have to apply for the position.

(AD) Motion to approve proposed Police Department Organization Structure as presented by Police Chief Robert Wharem. (GL) Second. Carried 3-0.
(LK) Abstain.

(LK) I think it is a great idea, but it is too quick to move on this without some research. It was agreed that Chief Wharem would contact Atty. Deragon to discuss.

Leavitt Road: Chief Wharem: I am in receipt of the letter of complaint and we are working on it.

Break: 7:46 P.M. Resume: 7:49 P.M.

NEW BUSINESS – ACTION ITEMS – Continued

18. Waiver Request – Paul Rogers and Wendy Ping

(LK) We have received a letter from Paul Rogers and Wendy Ping regarding a Waiver for sewer bill for period of December 1, 2013 to March 14, 2014. We also have a request for a Waiver of Permit fees.

In order to follow-up on these requests, we will need to have some amounts. We will check with Cara regarding the Sewer bills and Jesse regarding Permit fees.

This will be on next week’s Agenda.

CHECKS and MANIFESTS

(GL) Motion to approve Accounts Payable and Checks Register.
(EN) Second. Carried 4-0.

(GL) Motion to approve Payroll and Direct Deposit. (EN) Second.
Carried 3-0. (LK) Abstain.

MINUTES

1. Public Session Minutes of March 18, 2014

(GL) Motion to approve Public Session Minutes of March 18, 2014.
(AD) Second. Carried 4-0.

2. Non-Public Session Minutes I of March 18, 2014

(GL) Motion to approve Non-Public Session Minutes I of March 18, 2014.
(EN) Second.

Discussion: I would rather that we have a full board to approve these Minutes.

(GL) Withdraw Motion. (EN) Withdraw Second.

3. Non-Public Session Minutes II of March 18, 2014

(GL) Motion to approve Non-Public Session Minutes II of March 18, 2014.
(EN) Second. Carried 3-0. (AD) Abstain.

INFORMATION ITEMS – Continued

2. Oaths of Town Officers

(LK) We should be reminded of Oaths of Town Officers as noted in the RSA’s.
(See attached.)

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 and RSA 91-A:3 II (e) – Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the Town or any subdivision thereof, or against any member thereof because of his membership in such body, until the claim or litigation has been fully adjudicated or otherwise settled. (GL) Second. Carried 4-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 7:55 P.M.

Board returned to Public Session at 8:10 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 (GL) 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. Carried 4-0.

NEW BUSINESS – ACTION ITEMS – Continued

19. Appointment of Welfare Director

(GL) Motion to appoint Bernadette (Bonnie) Theriault as Welfare Director effective March 25, 2014. (EN) Second. Carried 4-0.

OTHER

Selectman Konopka: Thank you, Paul, for your years of service to Pittsfield. You will be missed.

ADJOURNMENT

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

Meeting adjourned at 8:20 P.M.

Approved: April 1, 20114

__________________________ _______________________
Lawrence Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on March 25, 2014, transcribed and publicly posted on
March 27, 2014.

________________________________________
Delores A. Fritz, Recording Secretary

Attachments (3)
Olympus: 1:54.16