July 22, 2008 Minutes

TOWN OF PITTSFIELD

BOARD OF SELECTMAN

TOWN HALL, 85 MAIN STREET

PITTSFIELD, NH 03263

_____________________________________________________________

MEETING MINUTES OF JULY 22, 2008
CALL TO ORDER
Call to order at 6:00 P.M., by Larry Konopka, Chairman.
MEMBERS PRESENT

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

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

MEMBERS ABSENT

None.

PUBLIC INPUT

None.

AGENDA REVIEW

(LS) Several Follow-ups; (EV) Antique Fire Equipment; (LK) Suggestion Box Letter, Town Buildings Maintenance and Project Position – Part-Time, and Non-Public 91A:3 II (a) and (c).

APPOINTMENT

6:05 P.M. Police Officer John Webber – Presentation of Employee of the Month Award, June 2008

(LK) We have a presentation tonight of the first Employee of the Month Award to John Webber. (DM) read into the minutes the explanation of the exemplary service pertaining to the award. (Several photos were taken at this time.)

NEW BUSINESS

ACTION ITEMS

1. Security Glass Communication Devices, Purchase Proposal

(LKe) Several weeks ago Board discussed suggestions regarding a letter received in the Suggestion Box what could be conceived as “rudeness” due to possible inability to hear through the glass partitions in the clerk’s office. It was noted that voices were raised because of this and it was agreed that investigation of rectifying this situation would be sought. Mike has priced various forms of rectifying the ability to communicate through the safety glass. He has provided one recommendation and the costs associated with this. However, no matter what you decide, the cost factor and the budget needs to be considered.

(JL) noted that he had recently gone to the Radio Shack and found two devices that could be utilized for increased hearing – one button operated and the other voice activated – that might be of assistance. (LS) noted that it would be worth a try. It was agreed that (JL) would purchase the devices for now to evaluate their capability in solving this problem. (LKe) suggested that Mike could purchase these on a trial basis since he is in Concord on a regular basis. (LK) I would rather see (JL) do it then Mike having to do it since it is not his job. (LKe) He is constantly shopping on the Internet for various items to accomplish Town’s needs.

(LS) noted that the Board has had several discussions regarding people congregating in the business office and clerk’s office. I have looked at the Ordinance and we should look at this and fix it so that office is not a congregated area. There is no reason for a lot of people being in there and we should take care of it once and for all. (LKe) was requested to provide Board with copy of current policy. (EV) suggested sending a Memo to the various committee members and Department Heads regarding this. (LS) “Do you understand where I am coming from? I do not think a Memo will work.” (LS) agreed that she would draw up the Memo. (DM) What is the Ordinance now? (LS) requested (LKe) provide a copy to Board members next week. (LKe) suggested use of a sign something to the effect “Stop Here unless you are an employee of this office.”

2. Ambulance Fund Transfer

(LS) Motion to transfer $30,522.10 from the Ambulance Fund to the General Fund. (EV) Second. Carried 5-0.

3. RSA 79:E, Proposed Process and Application

(LKe) This has been a while in coming though approved at the Town Meeting in 2007. Regional Planning has helped in drafting how the process works. A suggested map is enclosed identifying the district and the delayed assessment possibilities. If renovation occurs to an existing structure, there can be a sub-tax for up to 25 years with delay of tax on additional values for up to five years. (LS) This was passed at Town Meeting and the area defined is basically the downtown area.

(LS) Motion to accept application with proposed outlined districts as submitted by Regional Planning, which is to be reviewed by attorneys first. (JL) Second. Carried 5-0.

(JL) suggested publishing something in the paper. (LS) agreed that this was a good idea as we are working to try and promote this. (LKe) to run by attorney first.

4. Town Building Improvements – Life Safety Codes

(LKe) noted that the Fire Chief and Building Inspector have done inspections on some of the Town-owned buildings with a goal to complete this on all the buildings. Chief Johnson has issued a report noting a number of things, which can be cured by either staff, or housekeeping. However, there are other things, which require purchasing of materials and skilled laborers to complete.

(LK) noted several items on the list and ways that these could be “cured”. Chief Johnson explained to Board what the issues were regarding these inspections. Further explanations and solutions evolved regarding storage issues in the Food Pantry, holes in walls, blocked egress and various other safety issues. (LKe) noted that there are many locations with shortages of outlets. (LS) “Why do we need fridges in both offices?”

5. FMLA Compensation Memo

(LS) Motion to approve memo on family medical leave compensation. (DM) Second. After discussion: Carried 5-0.

(LKe) noted that telephone conversation with Human Resources revealed that a search found no rulings limiting an employer to identify what sequence of leave is utilized. It is usually part of the Union bargaining process. (LS) The policy and format is usually consistent with negotiations. It is important that this be clarified immediately. The Board also briefly discussed how compensatory time would be used relative to this type of leave but did not include this within the Memo, as it is not relative. (EV) questioned whether this will be part of the Policies and Procedures Manual. (LS) noted it should be part of this Manual.

6. Antique Fire Equipment/Apparatus

(EV) noted that he had received a phone call regarding the storage of the antique fire equipment owned by the Town. It is currently stored at a private residence and homeowner has now noted that he would like to have this space back.

(LKe) noted that the Fire Department and the Historical Society individuals should discuss this matter and come up with a mutual agreement as to storage and control with a resultant resolution.

Chief Johnson noted that he believes that the equipment is quite valuable and that both Fire Department and Historical Society have same goals in this regard. He noted that he would meet with Larry Berkson and try to accomplish a “meeting of the minds” as to a solution. This will be on the Agenda next week under Old Business for follow-up. (EV) reminded Chief Johnson that there should be some kind of closure on this matter to allow the resident to get back “his space.”

INFORMATION ITEMS

1. Staff Meeting Notes – July 15, 2008

(LKe) explained to Board the source of the publication Management Notes that currently addresses Motivational Management. There is also a recent one that has just been distributed concerning “Downsizing Whispering Campaigns.”

2. Summary of Court Order – Pritchard vs. Pittsfield

(LKe) noted that this has been a long time getting out. He related that he had attended this Court hearing and felt that the Town Attorney’s presentation was precise and to the point. At that time, he felt it was a “slam dunk” for the Town and that has come to pass. However, a Motion for Reconsideration on appeal can still be filed with 10-30 days. After that time, the Town could consider recovering legal expenses.

3. Town Administrator Time Off

(LK) related that Leon will be out on July 24th and possibly also Monday, July 28th rather than Monday, July 21st.

4. Suggestion Box Letter

(LK) noted that there was a letter in the Suggestion Box to the effect that as a taxpayer in the Town, I would like to know why two police cars are parked for breakfast at the same time at Parkers……. (LKe) noted that one-half hour is allowed for all meals. (LS) read from the Teamsters contract, “All eligible employees will be provided a thirty minute paid meal period during their work shift….” It was discussed that employees often do not punch out and leave to do errands or feed animals. She noted that she did not think they could get to Parkers, order food and eat it and be back in one-half hour. (LKe) noted that it is only about a minute and half drive to Parkers. Concerns were noted that they were out of Town rather than at an in town restaurant. (DM) noted that employers cannot tell individuals where they can go or what they can do on their lunch breaks. (LS) They could punch out and take their own cars though this would probably take more time. Department Heads condone this. How do we address it? It is not just the Police Department. All Department Heads should be confronted and be advised that it is not allowable. We need to make our expectations known. (LKe) questioned what Board wanted him to do? “Do you want me to restate what is in the contract?” There is nothing in writing to actually address this issue. (LS) “We would like the contracts and the policies enforced.” She noted that she would draft the memo herself if “you do not want to do it.” (LK) If it is a one-half hour lunch, why are they going out of Town with Town vehicles what with the cost of gas these days? They really should be having lunch in town. (LS) We can enforce what is here only. (EV) What does that do for the employees at the Town Hall? (LS) They can’t be doing that. (LKe) Leave on their own time? (EV) How does it work for the ambulance crew? (LS) That is defined in the contract based on their working week. (JL) requested some clarification on this. (LK) We can mandate that the Town vehicle be in the Town. (LS) At some point, we may have to re-look at the Town Hall employees not taking a lunch. (LK) One-half hour is allowed and they should follow it.

5. Town Buildings Maintenance and Project Position – Part Time

(LK) Looking at Gary’s memo there is a lot to be done. Perhaps, a part-time maintenance person working 10-12 hours per week could be written into budget to “fix these little problems”. This would be someone on hand on a regular basis to do the work. We could keep this in mind when doing the budget and consider it.

(LS) As Leon recently noted, Mike spends a lot of time “shopping” for the Town. We want him out there doing Building Inspector-Zoning-Planning. Revenue is way down this year. Someone else should be doing this “shopping.” It would be a lot more efficient to have someone doing maintenance for a lot less money. (EV) We stack this on him. (LS) I never wanted maintenance to be a part of the Building Inspector’s position. (EV) Maybe we should put money in the budget and have the Department Heads job to do that part of it. (LS) There needs to be someone to free up Mike’s time. (LK) We need to find someone on an as needed basis without trying to increase the budget. We could take the established fund and have it work more efficiently without it coming out of one department. (EV) We should “dump” it back on the Department Heads.

6. Job Descriptions

(LS) questioned why the job description issue was not on the Agenda this week. (LKe) noted that he had to get to LGC to do it. (LS) So, you have no info on it? (LKe) How are we going to pay for it? (LS) We need to get the estimate first. (LKe) Do you want them to talk to each party? (EV) I think it is to find out exactly what each is doing noting who took on more work, and if it belongs elsewhere. (LKe) noted that it would cost about $2-3,000. (LK) suggested concentrating on Town Hall for now instead of all departments. We can do it piecemeal, get the information and suggested guidance. (LS) We need to know what we are looking at. We need a quote as to the way they would research it. I would like to know cost of what we are looking at first. I have no clue as to what it would cost. It is hard to say what I would want to do not knowing what the cost is. (LKe) If you want to limit to the Town Hall, then we can count the numbers. (LS) When can we expect it to be done and what is the estimate? (LKe) related that he would stop at LGC tomorrow.

7. Updated Police Strategies

(LS) asked if (LKe) had the updated police strategies. (LKe) noted “No” that he did not have them available as of yet. (LS) “How come?” (LKe) Bob is on vacation this week. (LS) “Was he on vacation last week.”

(LKe) noted “No. I think this has gone on long enough. You need to advertise for this position. OK? I’ve had it. I have been treated like a child by some people who know better and I am not going to put up with it any longer.

I will help you, assist you with advertising and anything else but I will not be around here very much longer. OK?”

(LKe) left meeting at 7:25 P.M.

Break 7:25 P.M. Resume at 7:34 P.M.

(LS) The other follow-up regarding tax liens and Workers’ Compensation can wait for now.

OLD BUSINESS

1. Union Wage Step-Schedule Updates – July 15, 2008

(LS) noted that she looked this over and I understand what she is looking for. The new officers started on scale so would not get incremental increases. (LK) We should table this till next week until we can get some clarification from Paul Skowron.

2. Proposed FD Part-Time and Per Diem Pay Change – Additional Info

(LS) Motion to increase Fire Department part-time and per diem as indicated in Fire Chief Memo of July 2. (DM) Second. Carried 5-0.

Board briefly discussed the Step 0 and the figures involved.

Chief Johnson wanted Board to know that all these individuals in the Fire Department are dedicated in their performance and that he could only sing praises to all of his people.

3. Proposed Reorganization of WWTP

(LS) related that this is basically the same as previously. I think we should ask Ron where and how he came up with these figures. An appointment is to be scheduled to have Ron here next week.

4. Application to Operate a Coin Operated Amusement Device – Zoya’s Restaurant

(LS) We need to get a hold of Bob regarding the application. (LK) We are waiting for his report but cannot get it tonight.

(LK) recused himself and was seated in the audience. 7:42 P.M.

(EV) noted that we should refer it back to the Planning Board. (LS) related that the change of use is vague. It is supposed to come from Police Chief as recommended or not recommended. We need a second recommendation from them. (EV) I do not see how it will change things. (LS) In order for us to approve, we need to have Police Chief recommendation or non-recommendation. We asked for this last week. This application should not be hanging out there as it is happening now. If the permit is okay, it should not be held up but we should not do it without this second recommendation. I do not understand why we do not have it. Board noted this would be further discussed in Non-Public.

(LK) returned and was seated on the Board. 7:47 P.M.

5. Town Investment Policy )

6. Capital Improvement Plan ) Pending

7. Space Needs Study ) Pending

8. Sidewalk Improvement Plan )

9. Management Analysis – GASB34 )

10. Loitering Ordinance )

APPLICATIONS AND WARRANTS

1. Application for Elderly Tax Exemption – Roger & Georgette Beaudoin

(LS) I have looked it over and they do not qualify because of income limits.

(LS) Motion to deny request for Elderly Tax Exemption – Roger and Georgette Beaudoin. (JL) Second. Carried 5-0.

(EV) noted that these are State guidelines.

CHECKS AND MANIFESTS

(LS) Motion to approve Check Manifests. (DM) Second. After Discussion: Carried 5-0.

(LS) The billing on the tannery hours. This check should be released but I will call and discuss this. These are outside our scope and responsibilities.

(LS) Motion to approve Payroll and Direct Deposit. (DM) Second. Carried 5-0

MINUTES

1. Public Session Minutes of July 8, 2008.

(LS) Motion to approve Public Session Minutes of July 8, 2008 with few corrections. (JL) Second. Carried 5-0.

2. Public Session Minutes of July 15, 2008

(DM) Motion to approve Public Session Minutes of July 15, 2008 with few corrections. (LS) Second. Carried 5-0.

3. Public Session Minutes of July 16, 2008

(LS) Motion to approve Public Session Minutes of July 15, 2008 with minor correction. (JL) Second. Carried 5-0.

4. Non-Public Session Minutes of July 8, 2008

(LS) Motion to approve Non-Public Session Minutes of July 8, 2008. (JL) Second. Carried 5-0.

5. Non-Public Session Minutes of July 15, 2008

Not available.

It was agreed that (JL) would write letter of thank you to Meggin Dail for recording Minutes on July 15th and 16th.

PUBLIC INPUT

None.

NON-PUBLIC SESSION

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

(DM) Second. Carried 5-0. Members of the Board were polled individually and all agreed. Board agreed that they would discuss Consultation with Legal Counsel in Non-Public Session.

Board went into Non-Public Session at 8:05 P.M.

Board returned to Public Session at 8:30 P.M.

(JL) left Non-Public Session at 8:25 P.M.

(DM) Motion to seal Non-Public Session of July 22, 2008. (EV) Second. Carried 4-0.

ADJOURNMENT

(EV) Motion to adjourn. (DM) Second. Carried 4-0.

Approved: July 29, 2008

____________________________ _________________________

Larry Konopka, Chairman Date