August 5, 2008 Minutes

TOWN OF PITTSFIELD

BOARD OF SELECTMAN

TOWN HALL, 85 MAIN STREET

PITTSFIELD, NH 03263

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MEETING MINUTES OF AUGUST 5, 2008
CALL TO ORDER
Call to order at 5:00 P.M., by Larry Konopka, Chairman.
MEMBERS PRESENT

Larry Konopka (LK), Chairman, Linda Small (LS), Vice-Chairman,

Ed Vien (EV), Denise Morin (DM), Leon Kenison (LKe), Town Administrator and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

None.

Close Public Input

AGENDA REVIEW

(LKe) Letter of Recognition – John Lenaerts, Memo – John Lenaerts and Merrimack Valley Water District, BCEP Policy Changes, DRA Timber Tax, Letter – Mitchell Municipal Group and Agreement Town of Pittsfield and Historical Society.

APPOINTMENTS

5:05 P.M.: Michael McLaughlin, Building Inspector

(LK) “Mike, do you want to go into non-public or remain in public?
(MM) “Public.” (LK) “Are you being represented by Union here tonight?” (MM) “I do not think so.” (LK) Do you have a Union rep here because you have that right to have one?” Sgt. Cain, “I can sit in.” (LK) “For the record, Michael is being represented by Union rep, Sgt. Cain, and also he want to remain in public.”

(LK) “Mike, after reading the Verbal Warning, do you want to remain in public or…” Mike McLaughlin (MM) “Yup, I want to remain in public.” (LK) “Basically, it needs to have a signature, either yours or your Union representative to acknowledge that you got the Verbal Warning. You can add anything to it or write on the back of it or note anywhere on it. Any questions from us?” (MM) “Is the Board aware, since I started here two years ago, I have volunteered numerous hours to the Town and tonight is no exception? After I leave here, I am volunteering my time down at Dustin Park. Okay? I think this is a very petty thing the Board is doing for an act of disaster in Town when houses were damaged. We didn’t know if people were still alive in their homes when we were up there. I think this is a little bit over the edge. A little bit over the edge for a natural disaster in Town. What did the Board expect me to do, sit on my hands when the tornado came to Town?”

(LK) “My comment is, Mike, I think we very clearly stated that we wanted these jobs to be separate.” (MM) “ Okay, but as a Public Health Officer, Building Inspector and part-time Police Office, I had a duty to be up there no matter what my job description was. Okay? I mean if I just left here and went on duty as a police officer and didn’t punch out, it would be one thing, but a natural disaster in Town – I think is a little much.”

(LS) “Did you let the Chairman of the Board of Selectman or anybody know you were doing that, Mike? Did you? Yes or no. Did you let anybody know that you were going off duty as Building Inspector and going on duty as a Police Officer for that disaster?” (MM) “I really….” (LS) “Did you punch out?” (MM) “I really didn’t go on duty as Police Officer; I was up there in three different capacities, Linda.”

(LK) “You never signed on as a Police Officer?” (MM) “No, I didn’t.” (LK) “Did you drive your Building Inspector car up there?” (MM) “I did at first, and then ran out of gas. I then went back in a cruiser, yes.” (LS) “So, if you are in a cruiser you are in the capacity of a Police Officer. Mike, there is a difference.” (MM) “Okay. I want to make the Board aware before we go any further, there will be no more of me doing electrical work for the Town. Okay? You folks will have to be hiring people to do that. Just two weeks ago I spent my afternoon in a ditch down at the pit doing pipe work for George to get it done. Was I supposed to punch out as Building Inspector there and charge Town $100 an hour like I charge everybody else for electrical work? You want me to bend, but you do not want to bend.”

(LS) “It has nothing to do with bending. It has to do with representing the Townspeople the way you should be representing them.” (MM) “You don’t think I represent the Townspeople the way they should be represented? I more than do that. I volunteer my time to this Town.” (LS) “I understand that Mike, but let’s separate the issues, okay? We are not talking about your volunteer time. We are talking about your employment with the Town of Pittsfield. We are talking about two separate positions that you hold here, and we are talking about representing both positions fairly and properly in the public’s eye. That is what we are talking about.”

(MM) “So, during the tornado, or other natural disaster, you don’t think with houses damaged and wires down everywhere, that it is a Building Inspector, or Public Health Officer’s duty to be up there as well as a Police Officer?” (LK) “Mike, when I saw you up there you were blocking traffic. I mean when I…..” (MM) “No, when you saw me up there, Larry, I was walking through the woods with Sgt. Cain and Sgt. Walter. That’s what we were doing. We were walking house-to-house to make sure people weren’t dead.” (LK) “I saw you blocking traffic, too. I saw them going off by themselves and you going down to block traffic.”

(MM) “Last year during the floods, did anyone complain when I was taking sandbags off the dam for hours? Did anyone complain about that?”

(LS) “I don’t think we should argue the point. I think we should move on.” (LK) “Any further questions from anybody else?”

Sgt. Cain, “I guess I have just one question and then we will have to look at this but, it is noted – ‘without clocking out.’ Is the Building Inspector’s position a salary position? Does he have a time clock that he punches in and out on?” (LS) “No, just the timesheets. It is a salary position, yes.” Sgt. Cain, “So, if he works 30 hours or 50 hours, he gets paid.” (LS) “But, he is supposed to work 32 hours in the Building Inspector position.” Sgt. Cain “but if he works 25 hours, he still gets paid?” (LS) “Not in this case.” Sgt. Cain, “I am just asking.” (LS) “No, not in this case. That was a special arrangement that was made so that Michael could do his Police Officer duty as well. So the 32 hours is expected to be doing Building Inspector position and all the little pieces that go with it.” (MM) “And if I do over 32 hours, what does that do?” (LK) “I would think that you get time off.”

Sgt. Cain, “I look at this as his immediate supervisor and as his partner. This thing hit pretty fast and pretty hard and I was up on the scene immediately. I immediately requested our dispatch put out the page and phone call to every member of the department to respond immediately. Larry, you were up there, we had probably fifteen houses that we couldn’t even get into. We probably ended up walking a total of 10-15 miles through the woods to get to some of the houses that we had reports that kids were trapped in and adults that might be injured. We knew there was a fatality in Deerfield and we didn’t know what we had. I think in an emergency situation to this degree, the last thing on someone’s mind is to contact Town Administrator or Chairman of the Board to say I am responding to an emergency situation or a life threatening situation.”

(LK) “I had a conversation with Mike probably about twenty minutes before he received the page.” Sgt. Cain, “That would be a minor…..”

(LS) “Subsequent to this incident there has also been some non-separation of those duties and I would like to make it very clear once again, Michael, there has to be a separation between your responsibilities here at Town Hall and the Building Inspector position and Police Officer position because Friday, there was still times Police Officer duties were taking place during Building Inspector time. You have got to keep those separate, Michael. You are getting paid two separate rates. They are two separate positions and I know you think it is really a minor problem. It is not. The public is paying the bill, Okay? I cannot stress that enough to you. We are trying to be really supportive of what you have done here as far as your Police Officer detail goes, but that is not our first priority. So, I’ll leave it as that.”

(LK) “You never signed on as a Police Officer that afternoon with the County with your numbers?” (MM) “What are you going to do, check with the County to see if I signed in?” (LK) “Mike, I don’t have to check with County. I am just asking you a question whether you signed on or not? Any other questions? Okay, thank you.”

(LS) “Please note in the Minutes that acknowledgement of the Verbal Warning was not signed.”

5:30 P.M.: Acceptance and Dedication of new Segway

Chief Wharem noted that Mr. Freese is not yet here and requested that Board postpone this to further in the Agenda until Mr. Freese arrives.

NEW BUSINESS

ACTION ITEMS

1. Budget Committee Workshop Request

(LKe) Chairman of Budget Committee has noted that there is a daylong workshop regarding Towns and Schools scheduled, one in Bedford and one in Lincoln. Chairman is asking for BOS approval to allow each Budget Committee member to attend this workshop at a cost of $35.00 per person. She has since advised that there are not as many interested as she had anticipated.

(LS) Motion to approve attendance of members of Budget Committee at workshop at LGC. (EV) Second. Carried 4-0.

2. Letter of Recognition – John Lenaerts

(LKe) This is a letter to John as discussed with Chairman. (LS) noted it was an excellent letter.

(LS) Motion to accept letter of recognition to be sent to John Lenaerts. (DM) Second. Carried 4-0.

3. Merrimack Valley Water District

(LKe) John has asked to pass on materials and his “debriefing” in regard to the Merrimack Valley Water District and the scheduled meeting of

August 28th in Bedford. John has noted that the PUC has rendered a decision (order) regarding the City of Nashua’s acquisition of Pennichuck – but at a different price as proposed. Pennichuck has appealed the decision.

(EV) Could we ask John to continue as representative until we can fill the vacancy on the Board? (LK) to discuss with John.

INFORMATION ITEMS

1. UNH Cooperative Extension Letter – Storm Damage

(LKe) noted that there is a meeting in several towns including Epsom, which he expects he will be attending tomorrow night, regarding how to manage wood damage after the recent storm. “I imagine DRA will cover a lot of what will be discussed and the timber tax.”

2. Senator Barnes Update of Right to Know Law

(LKe) This has been changed and after passage has been implemented immediately. This is a several page document.

3. Griggs Enterprises – Possible Abatement Request

(LKe) Mr. Griggs has essentially asked Tax Collector to rebate some taxes assessed and paid on a mobile home unit, which was repossessed and towed away in 2005. (LS) noted, “So there is nothing that is required of us?” (LKe) This is just information for the future.

4. Staff Meeting Notes – July 29, 2008

(LKe) For informational purposes.

5. BCEP Policy Changes

(LKe) “I have provided you with a handout informing you of the changes made by the BCEP Board.” Due to the large amount of storm debris, changes have been made to accommodate residents. (EV) noted that this would be looked at on a month-to-month basis and completion of a verification form will be required. (LS) Is it posted? (EV) Each Town has posted it in the Town Hall.

6. DRA Timber Tax

(LKe) noted that this has just come out and addresses Town damage clean up. It covers when to file and when not to file an Intent to Cut for homeowners.

7. Mitchell Municipal Group

(LKe) There is a letter by Laura Specter along with the filing of the Objection to Motion to Reconsider. She basically indicates in the Motion that all the matters covered in Motion to Reconsider have already been delineated by Court ruling. (LS) noted that she thought it was a well-written document. “How long can this go on?” (LKe) noted that this should be over in a short period of time.

OLD BUSINESS

1. LGC Proposal – Review of Town Hall Job Descriptions

(LS) noted that she had discussed with Cara and was assured that there would be money to cover this either in the Salary Line, Office Assistant Line, or elsewhere.

(LS) Motion to approve LGC going forward with Job Descriptions as outlined by Barry Cox. (DM) Second. Carried 4-0.

(LS) noted that it is about $140 per person. She will contact Barry Cox about proceeding with this.

2. Storage Restoration of Antique Fire Apparatus

(LKe) This is along the lines as we discussed before. If Board concurs, we can authorize Chairman to sign it and Historical Society will do the same.

(LS) Motion to accept agreement of Town of Pittsfield and Historical Society regarding the three pieces of antique fire apparatus. (DM) Second.

(EV) noted that he was not as happy as the rest of Board with Agreement. “I would like some language in there that specifies that they cannot sell it. If they own it, they can sell it.” Board discussed the wording within the document and noted that essentially it could not be sold – “preservation and protection.” Chief Johnson noted that it is a unique part of Town history. (LKe) noted that he had reviewed document and it really could not be sold.

Board approved the Agreement contingent upon Historical Society approving and signing document.

(LS) Revise Motion to indicate two pieces of antique fire apparatus. (DM) Amend Second. Carried 4-0.

ACCEPTANCE AND DEDICATION OF NEW SEGWAY

All Board members and members of audience convened outside Town Hall to view new Segway. Pictures were taken of Sgt. Cain on Segway and Board members.

Board returned to conference room at 5:50 P.M.

(EV) Motion Town of Pittsfield accept gift of Segway to Pittsfield Police Department with a thank you response to the Freeses for this donation. (DM) Second. Carried 4-0.

(LKe) to do.

3. Proposed Reorganization of WWTP

(LKe) Ron Vien is scheduled to come in next week.

4. Security Glass Communication Device Pending

5. Town Building Improvements – Life Safety Codes Pending

6. Town Investment Policy

(LS) noted that she had discussed with Eric Bahr and he was happy to offer his assistance in reviewing this. (Eric Bahr picked up a copy of this late last week.)

7. Management Analysis for GASB34 )

8. Capital Improvement Plan )

9. Space Needs Study ) Pending

10. Sidewalk Improvement Plan )

11. Loitering Ordinance )

12. Policing Strategies

(LK) We can request Chief come in next week to go over them. (LS) I also would like a schedule for August.

13. Purchasing Road Salt

(LKe) noted that George had put together a letter. However, due to a medical emergency, he was unable to complete or be here tonight.

14. Library Attic Insulation

(DM) noted that she has researched grants and there are none pertaining to this. (LKe) noted that Leslie has been unable to find one either

APPLICATIONS AND WARRANTS

None.

MINUTES

1. Public Session Minutes of July 29, 2008

(DM) Motion to approve Public Session Minutes of July 29, 2008. (LS) Second. Several corrections were noted. After Discussion: Carried 4-0.

2. Non-Public Session Minutes of July 29, 2008

(EV) Motion to approve Non-Public Session Minutes of July 29, 2008 (DM) Second. Carried 4-0.

3. Public Session and Non-Public Session Minutes of

July 31, 2008 are not available.

4. Public Session Minutes of July 25, 2008.

(DM) Motion to approve Public Session Minutes of July 25, 2008.

(LS) Second. Several corrections were noted. After Discussion:

Carried 4-0.

5. Non-Public Session of July 25, 2008

(EV) Motion to approve Non-Public Session Minutes of July 25, 2008. (LS) Second. Carried 4-0.

CHECKS AND MANIFESTS

(LS) Motion to approve Accounts Payable and Check Manifest.

(EV) Second. Carried 4-0.

(LS) Motion to approve Payroll and Direct Deposit. (DM) Second. Carried 4-0.

NON-PUBLIC SESSION

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

(EV) Second. Carried 4-0. Board members were polled individually

and all agreed.

Board went into Non-Public Session at 6:08 P.M.

Board returned to Public Session at 6:25 P.M.

(DM) Motion to seal Non-Public Minutes of August 5, 2008. (E) Second. Carried 4-0.

ADJOURNMENT

(EV) Motion to Adjourn. (LS) Second. Carried 4-0.

Meeting adjourned at 6:32 P.M.

Approved: August 12, 2008

_____________________________ _________________________

Larry Konopka, Chairman Date

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