March 6, 2012 Minutes

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

MEETING MINUTES OF TUESDAY, MARCH 6, 2012

CALL TO ORDER

Call to order at 6:00 P.M. by Ed Vien, Chairman.

MEMBERS PRESENT

Ed Vien (EV), Chairman, Fred Hast (FH), Paul Rogers (PR), Gerard LeDuc (GL), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

None.

Close Public Input

AGENDA REVIEW

(GL) Letter (Re: “Illegal move by Selectmen” comment – a copy of which will be forwarded to (PS); (PS) Discussion of Elizabeth Hast Severance, FMLA
Request – Jen Tedcastle, Public Hearing Scheduling: Acceptance of Gift from Sanderson Fund, Sale of Tax Deeded Properties.

APPOINTMENTS

1. 6:05 P.M.: Hank Fitzgerald

Hank Fitzgerald: Good evening. As you are all aware, I have been diligently trying to obtain records from the Planning Board for the last eight weeks or so. It has been noted that there are multiple letters from the Planning Board to the Board of Selectmen. Mr. Fitzgerald quoted from the article in The Suncook Valley Sun, March 7, 2012, Paragraph II (see attached), ….. “The board also gave Mr. Fitzgerald……” If that information was given to me, I would not be looking for it now. This Board received a letter from LGC which arrived just before the beginning of the Board meeting and which I requested a copy of, but have not been told as to whether I would be getting a copy. Other LGC information has also been received. (Mr. Fitzgerald read from Board of Selectmen Minutes of February 21st, Page 7, Paragraph 6.) Mr. Fitzgerald: I guess that kind of clearly states they are public records. I have contacted LGC and they will not talk to me. If all that information is in the office, I do not need a copy; I would just like to read it.

I think that this Board is ultimately responsible for what the law requires. I understand that the Planning Board is an autonomous board, but that public information has not been maintained in this building and has only been available to a select few. This Board would also be responsible should a Court case ensue. I do not want this to continue. There was also reference in the newspaper that what the BOS did is illegal. I am not faulting anyone, but we should do what the law says – by stating it, makes it public information.

I know there is a disgruntled agreement with LGC and Town Counsel. This leaves me with no options. There has been slander and backbiting and we need to do what is right. The records should be available to the public. When people hide information that means there is something to hide. I hope Board sees fit to let me see the records. It will be at least eight months going through the Court system.

Gerard LeDuc: I have looked at all the E-Mails and it states that that he is a Planning Board member and in my opinion, these should be public records.

Board agreed they would address this later in the meeting.

2. 6:10 P.M.: Fire Department/Concord Hospital/CPR Demonstration

Ms. Pamela Puleo, Vice President of Community Affairs and Ms. Kristine Chaisson, Director, Cardiac Services were present tonight to provide a demonstration of the Lucas 2 which is a mechanical CPR device which is being presented to the Town of Pittsfield at no cost . (This is a piece of equipment valued at $13,368.)

Per Ms. Chaisson, this is a mechanical CPR device which is a portable unit contained in a backpack type case that can be administered indoors or outdoors,
for approximately a 45 minute period offering better consistency. The use of the device allows attendants to address to the patients in other capacities while CPR is being maintained. The device is brought to the community via the endeavors of the Globe Manufacturing Company which provides corporate pride and people pride to the Town of Pittsfield.

A picture was taken of Concord Hospital representatives presenting the device to the Board of Selectmen, Town of Pittsfield.

NEW BUSINESS
ACTION ITEMS

1. Town Clerk/Tax Collector/Discussion of Compensation & Benefits

(PS) At the last meeting, the Board discussed the base salary for the incumbent Town Clerk/Tax Collector and a spreadsheet has been prepared to address the benefits.

As you will note, Column A indicates the current salary/benefits of the present Town Clerk/Tax Collector. Columns B through G are the various options including the health insurance which is a new plan effective April 1, 2012. The Vacation and Sick as well as Vacation Accrual Schedule needs to be addressed by the Board. (GL) Vacation carryover should be 80 hours. (PS) There has never been a definition of this as it does not follow the Personnel Policy. (GL) I would like to see vacation and sick time “nailed down.”

(GL) Motion to approve 80 hours of vacation carryover per year and a maximum of 240 hours of sick time per year on a use or lose basis. (PR) Second. After Discussion: Carried 3-0. (FH) Abstain.

Discussion: (PS) There are other potential variables that have not been calculated into the spreadsheet such as military duty, jury duty, and etc. So, the newly elected Town Clerk/Tax Collector would follow the current Personnel Policy Guidelines. Board briefly discussed health insurance rates. (PR) So the new person would be getting more? (PS) If the Board so chooses to offer the benefits then yes, if person chooses the family plan insurance, it will exceed the current occupied position. The individual would not have to participate in the NH Retirement but this must be offered to her (employee pays 7% and Town pays 9 %.)

2. Retention of CBGD Administrator

(PS) A while ago, Ms. Sweeney with Ms. Donna Kerwin Lane presented a request for a proposed grant submitted by the Rustic Crust to secure additional equipment. The Board agreed and requested proposals to hire a Grant Administrator to manage the proposed Community Development Block Grant Project through the Capital Regional Development Council.

The Town has received three proposals: Donna Kerwin Lane – $12,200;
Gerald I. Coogan – $14,000 and Susan Gray and Nicole McKenzie – $15,000. Knowing that these are Federal funds, I think you are obligated to accept the lowest proposal. They all are experienced in this capacity and I, personally, have worked with Ms. Lane and Mr. Coogan. (EV) I would go with the lowest bid of $12,000. (FH) The lowest is not always the best just as the high is not always the best. (PS) Again, because this relates to Federal funds, they would be looking at why you did not obtain the lowest bidder.

Break 6:47 P.M. Resume at 6:54 P.M.

(EV) and (GL) agreed they would approve low bid. (PR) I think that not knowing what the difference is that they have to offer, I would revert to the lowest bidder.

(PR) Motion to approve administrative proposal of Donna Kerwin Lane ($12,200) for the CRDC/Rustic Crust CDBG Project. (GL) Second. Carried 4-0.

Discussion: (PS) They are all equally qualified. (GL) It is really up to this Board to make sure it is administered correctly.

3. Transfer of $6,892. From the Conservation Commission LUCT Fund to the General Fund.

(PS) The transfer is resultant from the work the Conservation Commission accomplished having the Black Gum Forest surveyed.

(PR) Motion to approve the transfer of $6,892 from the Conservation Commission LUCT Fund to the General Fund. (GL) Second. After Discussion: Carried 4-0.

Discussion: (FH) Do we have the survey plans? (PS) I have not seen them.
(EV) It would be nice to see the final results. (PS) to check.

4. Transfer of $2,042.18 from the Municipal Building Expendable Trust to the General Fund.

(PR) Motion to approve the transfer of $2,042.18 from the Municipal Building Expendable Trust to the General Fund. (GL) Second. After Discussion: Carried 4-0.

Discussion: (PR) I would like to make sure that all the flooring is now done. Is this the last bill? (PS) No, but is part of it. Chief Johnson: The flooring is now complete. (PR) So there will be no additional expenses? (PS) There are still outstanding electrical issues and part of this is for the Highway Department as well as the Town Clock. (FH) So, it is not just the Fire Department? Chief Johnson: I have submitted a manifest for all the expenses for the floors including the additional materials and the project is complete. (EV) Why is the Town Clock included in our Municipal Building Expendable Trust? (FH) It would be nice to know before we spend the money. (PS) explained it was for replacement light bulbs.

5. Recommended BTLA Settlement Agreement/Whitesbrook LLC

(PS) This is the proposed settlement agreement recommended by the appraisal group. It included the assessment for tax years 2009, 2010, and 2011 in the amount of $2,623,815 on the property at 128 South Main Street, Pittsfield, NH (Tax Map R22, Lot 20.) “The Municipality shall abate, with six percent (6%) interest from the date paid to the refund date, all property taxes for tax years 2009, 2010 and 2011 based on an assessment higher than $2,623,815. The docket shall be marked: Case settled, no further action, no costs to either party.” (PS) This property recently sold for $2M. (FH) No refunds are due them.

(PR) Motion to accept settlement of $2,623,815 for 128 South Main Street, Pittsfield, NH – case settled, no further action, no costs to either party.
(GL) Second. Carried 4-0.

6. Application for Highway Safety Grant in the Amount of $8,550.

(PS) You have in your packet of information a copy of the Highway Safety Grant ($8,550). The Chief is here and can explain to Board the particulars.

Chief Wharem: Each year we apply for the safety grants Chief Wharem explained that the grant is a Highway Safety Grant – DWI, for 120 hours on an off-duty basis. It is to be conducted in 30 four-hour shifts on Friday, Saturday and holidays. (FH) This will be in addition to patrols. Chief Wharem: Yes. When questioned about the Checkpoint DWI Grant, it was noted that it was not applied for this year because there is not enough return from that. (PS) If Board approves, the Chairman will need to be authorized to sign.

(FH) Motion to approve application for Highway Safety Grant ($8,550).
(GL) Second.

(FH) Amend motion to include authorizing Chairman to sign grant document. (GL) Amend Second. Carried 4-0.

Board members signed Grant and it was released to Chief Wharem at meeting.

7. Proposal to Remedy Electrical Safety Violations

(PS) We have a proposal from Pat Heffernan, Electrician to remedy the electrical safety violations at the Fire Station, Town Hall, Police Station and Town Shed. Chief Wharem: Does that include the Police Station as I have not seen him there? The Police Station is included.

(PR) We usually have more than one proposal. (PS) Town purchase policy notes it should go out to bid but Board can waive policy. If you would like this to go out to bid, we can do that. (EV) I would think we would have to. (PS) to check with Pat Heffernan to determine if proposal includes materials. (PR) We should have a breakdown of the materials/labor. (EV) Paul, can you make this happen.

8. Letter of Resignation: Robert Gauthier

(PS) The letter of resignation of Robert Gauthier is for part-time police officer.
(PR) read into Minutes the letter of resignation of Robert Gauthier (see attached.)

(PR) Motion to accept letter of resignation of Robert Gauthier with letter of thank you for 6 ½ years’ service. (GL) Second. After Discussion: Carried 4-0.

Discussion: (GL) I would like to ask Officer Gauthier to participate in an exit interview.

Chief Wharem: I have no problem with the resignation. The hours for the part-time officer have been cut. He is not alone. In the last two to three years there has been no increase in the budget and hours have been cut. This does not make it easy to insure all get part of those hours. If I give him more hours, then I would lose more people. His departure is not necessarily a bad thing.

9. FMLA Request: Jen Tedcastle

(PS) Jen Tedcastle is requesting family medical leave intermittently: 8 weeks off and 8 weeks of a 12 hour shift out of a 48 hour work week. (GL) This had been discussed earlier with Chief Johnson.

(GL) Motion to grant FMLA leave for Jen Tedcastle as requested. (PR) Second. Carried 4-0.

10. Public Hearing: Acceptance of Gift from Sanderson Fund

(PS) This is to advise you that a Public Hearing will be scheduled for acceptance of this gift which will be for citizen CPR programs.

Chief Johnson: This was discussed with Ed Vien about six months ago as to community requested CPR programs. Citizen CPR can make a difference. It should be noted that this is the brainchild of Jen Tedcastle and Jim Girard; they brought it upon themselves to bring this project forward. (See attached.)

(PS) to schedule a Public Hearing.

11. Sale of Tax Deeded Property

(PS) You will find in your packet of information requests for bids on four tax-deeded properties – Tax Map R26, Lot 9, Tax Map R34, Lot 18, Tax Map R35, Lot 19, Tax Map U03, Lot 114. There are other tax-deeded properties but these are the ones with dwellings. The request for bid describes the Real Estate Bid Form, Bid Certificate and lists the minimum bid. These do not include attorney fees.

(PR) To get something for these properties is better than getting nothing. (FH) I think we should add the outstanding fees and see what we get. (PR) We have put bids out on three of these properties previously and there have been no bids and we might be able to get some of them “off the books.” (FH) We cannot afford to take the loss. (PR) We can’t afford sitting on them either. (FH) I think we should go for what we have coming to us. (GL) I agree with Paul. (PS) There are not any Town attorney fees included. (FH) You just voted to take the low bid on something else and now you do not want to get the full price for these properties.
I am trying to be fair to the taxpayers. (EV) I would like to see us recoup what is owed. What are the estimated costs for Town counsel? (PS) Approximately $1,000 each. (EV) I think the Town owns way too much property. (FH) The house lot on Loudon Road has Town water and sewer and is well worth it. In the past, all fees were included and we got our money back. (PR) How about if we get nothing?

(PR) Motion that each of the four properties (Tax Map R26, Lot 9, Tax Map R34, Lot 18, Tax Map R35, Lot 19, and Tax Map U03, Lot 114) are put out for bid as noted except that $1,000 will be added to the minimum bid on each property for attorney fees. (FH) Second. Carried 4-0.

12. Discussion of Elizabeth Hast Severance

Selectman Hast recused himself and was seated in the audience. (7:40 P.M.)

(PS) You will note that the Board has discussed previously the vacation hours of Liz Hast starting on January 1, 2001. You will note that no vacation hours were accrued in 2009, 2010 and 2011. The $10,297.56 has been encumbered for this purpose. By including the additional years, it would be $22,091.83.

(GL) So, the $10,297.56 figure would be our assessment and the $22,091.83 would the calculation as suggested by Atty. Guida. She always has the labor appeal process available to her. I would like to see us go with the $10,297.56 figure. (EV) We all have different opinions about things, but she can go through the process and if we are wrong, we are wrong. (PR) There was no cap on any of these hours? (PS) In the past, the parameters for the position were not defined as to what exactly was expected or anticipated and that is why the Board defined these for the “new Town Clerk/Tax Collector.”

(PR) The position did not fall under the Personnel Policy? (PS) As you will note, there were 232 hours carried forward on January 1, 2001. Why there was not a discussion occurring at that time, I do not know. Yes, there is a Personnel Policy but nowhere is it noted that she would be covered by this policy. (EV) That has now been cleared for the future and now we must do the past.

(PS) The Town Attorney is in complete concurrence with these figures. (PR) If we are wrong, then we are wrong. (PS) No one here was here in 2001 so historical assessment is not available.

Board agreed that the figures of $10,297.56 would continue to be offered.
(PS) agreed he would write Attorney Guida to advise him of the position of the Board in this matter.

Selectman Hast was reseated on the Board at 7:47 P.M.

INFORMATION ITEMS

None.

OLD BUSINESS

1. Selectmen Representative to Pittsfield Drug & Alcohol Coalition – Pending
2. Board of Selectmen to Discuss/Take Action on Service Contract for
WWTF Generator

(PS) We now can move forward with this and enclosed in your packet is a copy of the engineering contract (South Main Street Pump/Generator Project) as approved by all parties as required. Board needs to authorize Chair to sign contract on behalf of the Town. Total cost is $36,431. They are the engineers of record that have been doing all the work on the WWTF sewer projects.

(PR) Motion to approve contract of The Turner Group for the WWTF project in the amount of $36,431. (GL) Second.

(PR) Amend Motion to include authorization for Chair to sign. (GL) Second to amendment. Motion as made and amended: Carried 4-0.

Chairman signed contract.

APPOINTMENT – Hank Fitzgerald

Release of Records – Planning Board:

(PR) What are our options here? (PS) My understanding as indicated by LGC is that any correspondence sent to the Town of Pittsfield is a public document unless they contain non-public matters. The Town Attorney has a different opinion regarding disclosure. It is her contention that disclosure needs to be made by the party to whom the correspondence has been sent. Letters or other correspondence was sent to Ted Mitchell or Jim Pritchard and assuming the Planning Board got the documents, then they need to decide on release and whether they qualify as to exclusion of right to know. (PR) I do not think they have the right to determine what to disclose. (PS) They do if the documents contain privileged information and are not to be shared with the public. The Planning Board needs to make a decision. If information came to the Board of Selectmen, they can be disclosed. (EV) Did we not receive all that information? (PS) LGC sent all the information responding to Jim Pritchard and Ted Mitchell – yes. However, according to our attorney, it does not have to be released.

(FH) Where are the papers being kept? (PR) Where is the Planning Board information being kept? (PS) You would have to ask the Planning Board.
(PR) Is it kept within the Town? (PS) Planning Board records should be kept at Town Hall. I do not know where they are. (GL) To my knowledge, no paperwork for any of these articles is here but with Jim Pritchard. In my opinion, if that is the case, he should be forced to bring them into the Town Hall as they are supposed to be on the premises. (GL) If he was contacting LGC and was asking at the request of Planning Board, then they should be here. If he was asking as a private citizen, then no. (EV) You cannot really separate the two when you are working on zoning amendments. You can’t do it.

(FH) When he talked to LGC, he had to identify himself as a Planning Board member. (EV) There is no merit that he acted on his own behalf. (PS) What is the position of the other members of the Planning Board? (GL) We have not seen any of the copies. They have kept Pat Heffernan and me in the dark.

(EV) The question is what do you want to do with this matter – go with the LGC release opinion or with the Town Counsel and not release?

(GL) Motion to release documents sent to Board of Selectmen by LGC.
(FH) Second. After Discussion: Carried 3-1 (EV).

Discussion: (PR) I am torn. We have it in writing that we can release them.
(PS) They back the opinion but not the consequences. The Town Attorney says the addressee has to make the decision to release the documents. (FH) I think we should release them.

Board voted on Motion as proposed. (Carried 3-1 (EV).

Discussion after Vote: (EV) Let me clarify my No vote – the Town Counsel is paid through my taxes and if we end up in Court, we have to pay them not LGC. I know we have discussed in the past getting a different Town Counsel.

(PR) Have we tried to get any paperwork from the Planning Board? (PS) We have made inquiries in the past. (EV) Any and all requests directed to the Planning Board have been totally ignored or have been turned down. (GL) Board has also been accused of being involved with “election fraud” and “…is potentially illegal.”

Board agreed that the documents can be perused by Hank Fitzgerald but are to be (Read Only.)

Hank Fitzgerald: The Planning Board does not have the right to go into Non-Public Session. This is reserved only for the Board of Selectmen. This means the Ethics Committee also cannot go into Non-Public Session. The Planning Board is basically holding it in non-public, controlling votes and basically telling you “take a hike.” If you have nothing to hide you do not hide. What I read may answer all my questions that are running through my head.

Thank you to the Board.

APPLICATIONS AND WARRANTS

1. Veteran’s Tax Credit: Tax Map R24, Lot 5

(PR) Motion to approve Veteran’s Tax Credit, Tax Map R24, Lot 5.
(GL) Second. Carried 4-0.

2. Veteran’s Tax Credit: Tax Map R43, Lot 14

(PR) Motion to approve Veteran’s Tax Credit, Tax Map R43, Lot 14.
(GL) Second. Carried 4-0.

3. Veteran’s Tax Credit: Tax Map U3, Lot 57

(FH) Motion to approve Veteran’s Tax Credit, Tax Map U3, Lot 57.
(PR) Second. Carried 4-0.

4. Elderly Tax Deferral: Tax Map R28, Lot 2

(PR) The assessment of $204,000 on the tax card notes that the land is worth as much as the house. (EV) We need to clarify where we are coming from. (FH) He has 130 acres. (PS) It is getting to the 85% value. I will check why the value of the tax card is different than the spreadsheet. (EV) They should be getting close to the limit. Board decided to have questions answered and (PS) will put on the next Agenda.

(PR) Motion to table acceptance of Elderly Tax Deferral Tax Map R28, Lot 2. (GL) Second. Carried 4-0.

CHECKS AND MANIFESTS

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

(FH) Motion to approve Accounts Payable and Check Register. (GL) Second. Carried 3-0. (PR) Abstain.

MINUTES

1. Public Session Minutes of February 21, 2012

(PR) Motion to approve Public Session Minutes of February 21, 2012.
(GL) Second. Carried 4-0.

PUBLIC INPUT

Jesse Pacheco: Are we planning on building a new Firehouse in the near future? Board noted “No.” About three or four years ago, we did some repairs to the roof because it was leaking pretty badly. More needs to be done to the roof; it is in pretty bad condition. We never heard anything about it after that. Mold is accumulating in that area and can cause a serious problem.

Eric and I gave the Town a quote a while ago. I believe the shingles were purchased and stored at the WWTF. My concern is public safety. You can end up with a lot of mold so much so that people will have to leave. The insulation up there will hold the mold and it could be a health issue. There is wiring up there, and the attic space is a total mess as well as the mold. If not taken care you will be building a new station. You cannot afford not to do something. There is a lot of expensive equipment in the building.

(PS) When was the last time this was discussed? (PS) Chief Johnson has periodically remarked about the “seasonal” condition regarding the roof. There has been no detailed discussion with this Board. Depending on the results of the election, it should be looked at soon.

Chief Johnson: This has been brought up a number of times but has been stricken down. (FH) It is not adequate for what we need and I have told them that before Gary was hired. I told them that when it was being built. I believe that 100% of the roof needs to be replaced. (PR) When was the last time it was addressed? Chief Johnson: About three or four years ago. A section of the roof was repaired but it is still leaking.
Jesse Pacheco: Mike was the Building Inspector then and he told us that we should guarantee what we did and we did just that. That is not where it is leaking now.

Chief Johnson: Community does need to look at this. It is sinking (about two inches), has structural issues, size is inadequate, has no officer/training space and in general does not work. (PR) Over the years the Fire Department went from a volunteer to a fully staffed Fire Department – one extreme to another so you have to look at that too. Chief Johnson: Town needs to start planning to do something. It needs to be replaced rather than refurbished. It was not built the way it was supposed to be built.

Jesse Pacheco: They had the same problem at the school. Where is our money going? I have grandchildren in the school. We spent millions of dollars on the school and now we are just letting it go. Someone is going to get sick and it is going to be a real health issue. We need to start looking at the community and start building it up.

Eric Nilsson: Does the work being done at 9 Elm Street have a Building Permit? They are doing work inside and doing structural changes. Board noted that they do have a Building Permit. Eric Nilsson: Also, the people doing the roof, they need to clean up the area and the debris on the sidewalk. (PR) I will bring this to their attention.

The employees at Kentek and trucks park right at the edge of my driveway and it is difficult to see coming out. There is going to be an accident there. Where is the two hour parking? (PR) That is just on Main Street. Eric Nilsson: Basically, they are blocking my driveway. (EV) We will ask Chief to take a look at this. (PS) to check with Chief.

Close Public Input

ADJOURNMENT

(PR) Motion to adjourn. (GL) Second. Carried 4-0.

Meeting adjourned at 8:45 P.M.

Approved:

____________________________ ___________________
Larry Konopka, Chairman Date

I hereby certify that these Minutes were recorded by me on March 6, 2012, transcribed and publicly posted on March 8, 2012.

___________________________________________
Delores A. Fritz, Recording Secretary

II Tapes
Attachments