BOARD OF SELECTMEN MEETING MINUTES

 

TUESDAY JANUARY 20, 2009

 

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE TO THE FLAG: Chairman Angelo Terreri called the meeting to order at 7:00 pm and the Pledge of Allegiance was said. Those present were Mrs. Jody Goodwin, Mr. Richard Keene, Mr. Lawrence House, Mr. Kurt Youland, Town Manager Eva Leavitt, Fire Chief Michael Arsenault, Addressing Officer Ross Gagne, Budget Committee Chairman Rodney Shaw, Planning Board Chairman Jeffrey Timberlake, and Dennis Richardson.

 

2. ADJUSTMENTS TO THE AGENDA: Mrs. Leavitt requested an additional item under the Town Managers' Business regarding a letter from the County Commissioners.

 

3. REVIEW OF FORECLOSED TAX LIENS: Mrs. Leavitt referenced the list of properties that foreclosed 12/29/2008 due to non-payment of taxes and informed the Board of four possible options available to deal with the properties: 1) do nothing, 2) sell at auction, 3) continue to assess to the taxpayer with a payment plan/re-purchase agreement or, 4) take physical control of the property. Mrs. Leavitt noted that past practice has been to enter into re-payment agreements with property owners. Mrs. Leavitt further informed the Board that she has had an opportunity to speak with some of the property owners, but not all. Mrs. Goodwin questioned the fact that she understood the Board of Selectmen previously voted to work out payment arrangements with those property owners involved. There were some questions regarding which tax year is involved with the list as provided, and Mrs. Leavitt explained that all the accounts presented are for taxes that went to lien in June 2007, and those liens have now matured. Mr. Terreri noted he would like to see a payment schedule established and it was a consensus of the Board that a time frame for final payment be outlined. Following some additional discussion Mrs. Goodwin made a motion to have the Town Manager work out payment agreements for the foreclosed tax liens with a date included for final payment receipt, Mr. Keene seconded the motion. It was noted that any money received is applied to interest and costs first then to principle and the amounts shown are the principle only. Mr. Youland inquired about the Jordan property and whether or not Mr. Jordan is continuing to pay his court ordered fines, which Mrs. Leavitt noted payments have been made. Mrs. Leavitt read the letter to be sent to each property owner prior to the re-purchase agreements being signed, and it was noted this letter only needs Chairman's signature. The vote was unanimous.

 

4. TOWN MANGERS' BUSINESS: 1. Q & A WEEKLY MEMO: Mr. Youland questioned the costs to date for the grader repair to verify if the amount stated includes labor as well. Mrs. Leavitt noted that the costs as stated are for parts only and the in-house man-hours involved to date are approximately 80 hours. Mrs. Leavitt further noted that a road test was done and the alternator needed to be replaced. Mrs. Leavitt further noted that the one-ton has been repaired and the pick up has also been repaired. It was noted that the repair costs to date total approximately $13,000 opposed to the $21,000 quoted from a vendor for the grader repairs.

 

Mr. Youland noted that a resident has received some heat assistance through the Town's program and Mrs. Leavitt indicated that she had 3 applicants for the Town program, one declined assistance as they had their need filled elsewhere, and another applicant that also found assistance elsewhere. 4-2 REPORT FOR TOWN REPORT: Mrs. Leavitt noted to the Board the need for a report from the Board of Selectmen for the Town Report and, after brief discussion Chairman Angelo Terreri noted he would draft the report. Mrs. Leavitt noted that the report should be completed by the beginning of February. 4-3 COUNTY COMMISSIONER LETTER: Mrs. Leavitt referenced a letter received late Friday from the County Commissioners seeking support in establishing a Charter Commission Committee and noted that she and Mr. Terreri attended a meeting following the election in November that indicated the newly elected Commissioners welcome a charter and wish to form a Charter Commission to study the process. It was indicated that a 5-member county commissioner board seems to be desirable. Mrs. Goodwin then made a motion to sign the letter of support to form a County Charter Commission, Mr. Keene seconded the motion; and the vote was unanimous. Mrs. Leavitt will draft the document.

 

5. CONSIDERATION OF ANY OLD BUSINESS: None

 

6. CONSENT AGENDA: Mrs. Goodwin noted a couple of corrections necessary to the minutes from 1/5/2009, one regarding a motion and second on the appointment of the Registrar of Voters and a correction regarding Mr. Charles Emerson's acknowledgement of his years of fire fighting and Mr. Winn Coleman being acknowledged as fire fighter of the year. Mr. Terreri reviewed the disbursement warrants and recommended their approval. Ms. Philipon presented an application for Veteran's Exemption for a new resident who qualifies due to 100% disability, Jason Patterson. Ms. Philipon also noted that the amount of exemption has been increased from $5,000 to $6,000. Mrs. Leavitt inquired whether the amount is adjusted by the certified ratio of the Town, which was noted to be true as are the homestead exemption and the tree growth rates. There were no abatements or supplements to consider. Mrs. Goodwin made a motion to approve the consent agenda with amendments as discussed, Mr. Keene seconded the motion; and the vote was unanimous.

 

7. EXECUTIVE SESSION: TITLE 1 M. R. S. A. - PERSONNEL MATTER (405) (6) (A): Mrs. Goodwin made a motion to go into executive session at 7:29 pm, Mr. Keene seconded the motion. Prior to a vote being taken Mr. Rodney Shaw inquired whether or not the Board would make any kind of decision that may affect the budget meetings and it was indicated that perhaps the Board of Selectmen would have a recommendation at the next budget meeting scheduled for 1/20/2009. Planning Board Member Jeff Timberlake also asked permission to make a statement prior to the Board entering executive session? Mr. Timberlake noted to the Board that the rumor mill indicates the executive session concerns the Code Enforcement position with the possibility of considering some changes to the present full time status. Mr. Timberlake further stated that from the Planning Board perspective that works closely with the Code Enforcement Officer express their concerns regarding the possibility of changing the position from full time to part time and what that action might mean for the Town and the Planning Board down the road.

 

Mrs. Goodwin noted that discussions haven't yet happened and the executive session was for discussion purposes and she inquired why the Planning Board has any interest in the CEO's position? Mr. Timberlake noted that the town has had several CEO's, some good and some not so good, however, the Planning Board is happy with the present CEO and the possibility of searching for a replacement is not desirable.

 

Mr. Timberlake acknowledged that the economy has slowed down everywhere, but also indicated there are other things the current CEO can be doing during the slow times, and further stated the desirability of having a CEO available when needed. Mr. Timberlake noted that should the position be changed to something other than full time, it would be difficult to get back what we currently have. Mr. Timberlake stated that Mr. Williams is a good CEO and doesn't want to loose him, further stating that if desired by the Board, a way to make the position work could be found. Mrs. Goodwin inquired if there was a list of possible tasks? One hasn't yet been developed. Mr. Williams then requested to be recognized and respectfully requested that any continued discussion be done in an open session as opposed to an executive session? Mrs. Leavitt noted that a request of this type must be done in writing. Mr. Dennis Richardson was then recognized by Mr. Terreri and noted that the need for a written request can be handled right here, right now. Mr. Williams then provided Chairman Terreri with his written request for the discussion to be held in an open forum.

 

Mrs. Goodwin made a point that the discussion is regarding the position, not Mr. Williams personally and further noted at this time there isn't enough work to justify the position and to move forward with discussion from that perspective. Mr. Williams noted that he recently spoke with Addressing Officer Ross Gagne to inquire if there was any work that the CEO could do to assist with the addressing aspect. Mr. Gagne noted to the Board that the Addressing Ordinance identifies enforcement as being a duty of the Code Enforcement Officer. Mr. Gagne further stated that if the Town were indeed looking for a revenue source to tap, the Ordinance provides the Town with the authority to fine people who aren't in compliance with the Ordinance by having their physical address number visibly located either on the home or near an entrance to the home such as at the driveway entrance. Additional discussion included consideration of the assessing work, which Mrs. Leavitt noted assessors are and must be certified, however, Mr. Youland noted that the CEO is out in the field doing multiple inspections and that the training required to perform the measuring and logging of information could be done. Discussion also included the possibility of the CEO being trained for some of the work done by the office staff.

 

Mrs. Goodwin noted that there is a significant difference in the rate of pay between the office staff and the CEO position and to pay the current CEO wage for the counter work doesn't seem fiscally responsible. Mr. Timberlake noted that in his business they do use people such as foremen to do work at different levels during slow times just to keep them employed. Mr. Youland noted that there could also be some benefit savings by retaining the full time person over a part time person who is also accumulating benefits. Additional discussion included noting when the property tax school is offered by the State, which is August.

 

Discussion also included noting the lack of revenue for permits issued as a result of the slow economy and a comparison of recent years which indicated the steady decline in the revenue generated from permit fees was outlined.

 

Mr. Richardson noted that there have been many complaints in the past with other Code Enforcement Officers regarding their attitude and other issues, however, Mr. Richardson noted that Mr. Williams is a pleasurable man and a good man, and, yes a replacement could be found and training will take time and if the position is only part time then the level of service won't be there. Mr. Richardson further noted that many businesses are struggling in today's economy and it's possible to maintain a full time employee by assigning additional duties, and he personally stated he didn't see a need for the discussion.

 

Mr. Terreri reminded those present that the discussion is about the position and not the person.

 

Mr. Timberlake noted that the facts boil down to making the position work as full time or not and that it will be whatever the Board of Selectmen wish. Mrs. Leavitt noted that the issue was brought before the Board of Selectmen for one reason, fiscal responsibility with the Town's budget. Mrs. Goodwin further stated that the State has cut $51,800 from revenue the town should be receiving, and Mrs. Leavitt further noted that either taxes could be raised or services could be cut. Mr. Youland noted that the CEO position hasn't been very well managed by past Boards or the present Board and now has been brought to the attention of the Board and the time has come to make adjustments by asking employees to do other duties. Mr. Youland further stated that although the CEO position is under the general supervision of the Town Manager, the position is responsible to the Board of Selectmen, and needs to be dealt with now.

 

Following this discussion Mrs. Goodwin made a motion to cut the CEO's position to 32 hours per week including night meetings with additional duties as discussed, there was no second to the motion and the motion failed. Mr. House noted that other communities around us also have Code Enforcement Officers so there could be one available to the Town of Turner. Mr. Timberlake noted that the CEO position was funded through a vote at Town Meeting and funded for the year, however, Mr. Terreri noted that the money doesn't have to be spent simply because it's there. Mr. Timberlake noted that he understood that a vote funded by Town Meeting would carry through the fiscal year, which doesn't't end until 6/30/2009. Mrs. Leavitt noted that although the position was funded as full time, there were no set hours, and Mr. Timberlake inquired what constitutes full time according to the Personnel Policy. Mrs. Leavitt noted there are different criteria for different departments such as rescue working different hours than the office staff; and further noted that Mr. Williams was previously in a salary position, however, the personnel policy states full time work to be 40 hours per week.

 

Mr. Youland then suggested taking the issue to Town Meeting and there was an appropriation made at the last town meeting for the CEO to be paid for the remaining portion of the year, and as much work as can be accomplished by the CEO should be found. Mr. Terreri then asked if there was any additional discussion and Mr. Keene was recognized.

 

Mr. Keene noted he is the newest member of the Board of Selectmen and that he listens to the conversations and talks with the townspeople as often as he can. Mr. Keene further noted that people in town like the services they have presently and wish to keep them and, are willing to pay for the services they receive. It was also noted by Mr. Keene that perhaps the situation could be worked out and or changed at the next town meeting. Mr. Keene then made a motion to continue as we have until the next town meeting and that the Board of Selectmen get together on their goal, that the Code Enforcement Officer agree to do other duties, Mr. Youland seconded the motion and the vote was unanimous.

 

8. EXECUTIVE SESSION: TITLE 1 M. R. S. A. - PERSONNEL MATTER (405) (6) (A):

 

Mrs. Goodwin made a motion to go into executive session at 8:29 pm, Mr. Keene seconded and the vote was unanimous. Mrs. Goodwin made a motion to come out of executive session at 8:50 pm, Mr. Keene seconded the motion, and the vote was unanimous.

 

9. EXECUTIVE SESSION: TITLE 1 M. R. S. A. - LABOR NEGOTIATIONS (405) (6) (D): This item not addressed at this time.

 

10. ADJOURNMENT: Mr. House made a motion to adjourn at 9:22 pm, Mr. Keene seconded the motion, and the vote was unanimous.

 

Respectfully submitted:

 

Sandra L Philipon

 

Assessing/Office Assistant