TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, November 3, 2008
356 Main Street, Farmington, NH
Selectman Present: Chairman Gerry McCarthy, Martin Gilman, Paula Proulx, Gail
Ellis and Joan Funk.
Town Staff Present: Town Administrator Anthony Mincu, Water/Wastewater
Department Head Dale Sprague, Director of Planning and
Community Development Dan Merhalski, Police Chief Scott Roberge, Dennis Glidden and Public Works Director Joel Moulton.
Public Present: Norman Russell, John Law and Paul Parker
Chairman Gerry McCarthy opened the meeting at 6:00pm.
1. Review of the Minutes:
A. Marty Gilman motioned to approve the minutes of 9-22-08 as amended, 2nd Gail Ellis. Discussion followed in which word changes were noted in 5.c and 4.a and Joan stated that she believes the wording of Mike Funk's statement regarding the Tall Pines culvert is still incorrect. Brandy Sanger noted that she reviewed the meeting on DVD and found the statement to be written correctly. Joan replied that it is not what he intended then. Motion carried with all in favor.
B. Joan Funk motioned to approve the non-public minutes of 9-22-08 as written, 2nd Marty Gilman. Motion carried with all in favor.
C. Gail Ellis motioned to approve the 10-20-08 public minutes as amended, 2nd Marty Gilman. Motion carried with all in favor.
D. Joan Funk motioned to approve the 10-22-08 public minutes as amended, 2nd Gail Ellis. Motion carried with all in favor.
2. Public Comment:
A. Norman Russell questioned whether or not the failed culvert on Governor's Road he spoke to the Board about several weeks ago is going to be repaired. Joel Moulton replied that he is waiting for the culvert to arrive and as soon as it does it will be installed.
3. Water/Wastewater Department (Dale Sprague):
A. Town Hall Sprinkler Line - Dale informed the Board he received three bids from local contractors to install the 200 feet of water main for the new sprinkler system in the Old Town Hall. He explained that he also worked the numbers for his crew to do the installation and forwarded those to the Board and that Pike is closing paving on or about November 26. Gerry asked how much the material costs and Dale reminded him that the low bid for the materials came in at $4,325, which includes $500 for tapping of the line. Dale also reminded the Board that the paving will cost $6,000 with the total materials cost of $11,600 (the other money is for pressure testing and the police detail.) He is looking at a total project cost of about $17,640 that includes a $500 contingency for
broken items and insulation. Joan asked if there is enough money in the fund to cover these costs. Dale said it is not in his budget and would have to come from the water CIP or another town fund. Marty said there is $77,600 in the town hall renovation fund and asked Tony if he has heard anything back from Sean Bergeron. Tony said he has placed several calls to Mr. Bergeron but has been unsuccessful reaching him.
Paula Proulx motioned to utilize up to $18,000 for the Old Town Hall sprinkler line work out of the Town Hall Renovation Fund, 2nd Marty Gilman. Motion carried with all in favor.
Marty Gilman motioned to award the bid for the Old Town Hall sprinkler line work to Barron Brothers Development, Co at $6,040, 2nd Joan Funk. Discussion followed in which Paula noted that town staff has a full schedule to finish up the paving, holes, hydrant pumping, winter preparations at the plant and lubber sealing before winter comes and that it is just as cost effective to contract this work out. Motion carried with Gail Ellis abstaining.
B. Preliminary GIS Planning - Dale explained to the Board that several department heads and Tony met with a representative of the Strafford Regional Planning Commission (SRPC) on October 9 to discuss GIS planning. At this meeting the town asked SRPC to prepare a budget of what the costs would be to develop the individual data layers they discussed and how the town can access that information and what types of system(s) would be needed to interface the information. SRPC provided all this information in a memo that was presented to the Board. Dale stated that he would suggest phasing in any potential hardware/software costs by starting with a system for the planning department with the ultimate goal being a web-based system for public access. Gerry asked why gun permit would come
into play with this GIS mapping. Dale said that presumably the police department would be able to pull out all the information for a GPS site that they would want or need to know before entering it, but it would be a better question for the police department. Paula asked if Dale could research what types of grants and other financing are available to offset the costs of these systems and Dale responded that he believes most of the grants available would be for the DPW but that he would look further.
4. New Business:
A. Town Ordinance Review with Scott Roberge -
1. Parking and One-Way Street Ordinance: Marty asked if a permit should be created to allow parking on the sidewalk or obstructing the sidewalk for maintenance issues and such because several other communities have such a thing. Joan asked if there would be a fee for the permit and where would one apply for it. Marty said there is usually a fee and the permits would be available through the PD. Paula said she thinks the Board should consider not charging for the permit because it could hinder work being done in the downtown area. Marty and Joan argued that contractors are used to paying this fee and it usually about $20. The Board noted that the ordinance was good except; the addition of "parking on or
obstructing the sidewalk permits" with a $20 fee, the street names needed to be corrected, the parking fee should be changed to $25 and the handi-capped parking fine should be changed to $250.
2. Proposed Town Ordinance: The Board noted that the Nute Half Ridge Marathon needed to be removed and the street names needed to be corrected.
3. Adult Bookstore Ordinance: Scott informed the Board that there is case law on this issue and though you can't stop this type of business you can limit any XXX material from being in window fronts and out in the open for minors to view. Gerry added that these types of businesses are addressed in the zoning ordinances as well. Paula asked if there is anything in the zoning that would contradict this police ordinance and Paul Parker said no. Scott added that the town attorney reviewed the ordinances and did not have any concerns. Gail Ellis motioned to adopt the Adult Bookstore ordinance as written, 2nd Marty Gilman. Motion carried with all in favor.
4. Alarm System Ordinance: Gerry asked why one would need a permit to operate an alarm. Scott explained that a permit would make sure the police department knows what homes and businesses have alarms and will also allow the department to have owners repair alarms if they are faulty. Plus these permits would give the department they need to contact responsible parties if they are not home in the event of an emergency and to bill the owners for multiple false alarms that the department has to respond to. Paula stated that she has problem charging a fee unless the alarm is linked directly to the police department for monitoring because the police would have to respond even if there were no permits. She also
stated that she does however agree with charging for multiple false alarms. Gerry and Gail both added that they agree with Paula. Gerry suggested utilizing a contact sheet in lieu of a permit and fee.
5. Skateboards, Bicycles, Scooters, Rollerblades Ordinance: Scott said that this would only be heavily enforced in the downtown area and that he would also like to offer bicycle registrations because his department recovers many stolen vehicles throughout the year. The Board agreed with the ordinance and liked the idea of a volunteer bike registration.
6. Unnecessary Noise by Vehicles Ordinance: Marty noted that he felt jake brakes should be added to this ordinance and the rest of the Board agreed. Gerry asked if Scott has looked into decibel meters and Scott replied that he has but they are costly and require different attachments to work correctly, plus they are only for motorcycles.
7. Depositing Snow Ordinance: Scott informed the Board that this ordinance is already in effect but that he thinks the fine should be increased and recommend the fine to be $50 with subsequent violations at $100. The Board agreed with his recommendations.
8. Hawkers & Peddlers Ordinance: Scott informed the Board that this ordinance is already in effect.
9. Park, Playground and Town Property Ordinance: Scott explained that this would only apply to town owned property and that it is not a crime to sit on a bench as long as one is not creating a disturbance. Paula agreed and said that the fine schedule needs to be determined. The Board decided that a verbal warning would be issues first and then a $25 fine would be assessed with further violations.
10. Consumption & Possession of Alcohol Ordinance: Gail asked how the department would assess the fine and Scott explained that the judge defines the fine with generally a $250 fine for the first offense. Paula stated that the Open Container Ordinance fine needs to be updated to $250 as well.
11. Taxi Cab Ordinance: Scott asked the Board to consider this ordinance and if the town requires it anymore.
12. Drug Paraphernalia Ordinance: Scott stated this is already in effect and just in here for the Board to review.
13. Dump Picking Ordinance: Joel Moulton stated that the fine should probably be raised to deter dump picking because of the liability issue. Scott suggested a fine of $50 and stated that the intent of the ordinance was to stop people from going through the piles and creating traffic and safety issues at the dump, plus we do not want residents taking out truckloads of scrap metal. The Board agreed to increase the fine to $50.
15. Large Gathering/ Special Permit Ordinance: The question was asked how the town could create a distinction between large gatherings like weddings on private property and something bigger. Scott suggested applying the special permit to large gatherings that are for a profit. Gail pointed out that the ordinance does say the Board can waive the requirement and the Board agreed that the ordinance was okay.
Scott said he would review tonight's minutes, make the necessary amendments and then forward the revised draft to the Board for adoption.
5. Old Business:
A. Bus Shelter Slab Approval - Marty stated that on the northwest side of the proposed site there is not any protection against oncoming traffic and suggested Joel Moulton install some large barriers for safety. Marty Gilman motioned to install the bus shelter on the west side of High Street with the safety abutments installed on the Rte. 11 side, 2nd Paula Proulx. Motion carried with Gail Ellis abstaining because she did not get the chance to visit the site.
B. Gerry asked how Joel Moulton is doing with his stormwater/drainage grant writing and Joel replied that he is still working on the current proposal that is due November 15. Gerry then asked Joel if he has heard anything back about the landfill permit renewal yet and Joel said no, not yet.
C. Gail asked if anyone has measured the prosecution office space yet and Gerry said no, but he would do it tomorrow.
D. Joan asked if the roof is still leaking at the Rec. and Marty said that it is leaking but not in the same spot that was repaired. Tony said he would look into this. Marty added that the old police antenna still needs to come down and that there is not a key to the Rec. in the Municipal building and that there really needs to be. Tony said he would tend to both these issues, as well as, the key list for the Rec.
6. Employee Grievance Appeal:
A. Dennis Glidden of the Public Works Department requested a public grievance appeal to two written warnings he was issued by Joel Moulton, his supervisor. Dennis explained that he would be representing himself but that he brought his daughter along to assist him. Dennis then stated that he is filing a decision of the town administrator because he did file an appeal to Mr. Moulton in a timely response but did not get a response. Gerry asked if it is correct that there were originally four issues, but two of them were dealt with so Mr. Glidden is only appealing the remaining two and Dennis said yes. Gerry asked if Dennis appealed to Tony Mincu and Dennis said yes.
Gerry read the written reprimand dated 8/6/08 that dealt with Dennis not following the "chain of command" when he had a complaint. Dennis explained that in regards to this letter he was not made aware of this letter until 8/20/08. He also stated that this reprimand did not include when or how he did not follow policy and procedures, and nor did it include any steps for correction that are talked about in the personnel handbook. Dennis added that he has never been given, nor has it been posted in the DPW, a hierarchy chart and that written reprimands are for repeat offenses and this was the first time he ever heard of such a thing.
Gerry read the next written reprimand dated 8/4/08 that dealt with a verbal confrontation between Dennis and a resident, in which the resident felt threatened and that a verbal reprimand was given earlier in 2008. Dennis explained that this reprimand is also non-specific and that he did not speak any words or take any action that were threatening in anyway. He then added that Joel did not instruct him on how to deal with residents and the steps for correction were once again not included with this reprimand. Dennis provided the Board with a letter from a resident labeled Exhibit C and Exhibit D for the Board to review. Lastly, Dennis added that he had no time on the clock to create an incident report or a response to the reprimands on a timely basis and that he feels Joel wrote the reprimands
to keep him quiet about his concerns and opinions about the way Joel runs the department. Paula asked if Dennis signed and dated both reprimands and Dennis said yes.
Joel then was asked to come before the Board to answer to the appeal. Joel said that in regards to the 8/4/08 reprimand, issues went back to July of 2007 with a Sheepboro Road resident complaint. At that time a verbal reprimand was given and documented and Dennis was instructed then to not have any confrontations with residents and to call Joel if there were any issues at all. Joel further explained that in June of 2008 he was then requested by another resident to discuss a similar issue about Dennis' interaction with them. Then on July 31, 2008 Dennis has a verbal confrontation with another Sheepboro Rd. resident. At this time, Dennis told Joel at 12:35pm that he had an encounter with a resident in which he told the resident basically that "he was taking back land that was the
town's right to, ...just like Indians." Joel added that Tony and he met with Dennis in regards to this confrontation and an incident report was filed and that an employee witnessed Dennis's explanation of the event to Joel and will provide information to the Board if needed.
Joel subsequently explained that he created the 8/6/08 reprimand after speaking with Tony and that there is not formal hierarchy chart in the DPW but that all the employees are made aware of the chain of command. He further stated that Dennis has had a minimum of four counseling sessions with Tony and some with him and these issues still continue. Joel also added that Dennis never submitted appeal to him, but that he went directly to the town administrator. Gail asked Tony if he had anything to add and Tony replied that he needed to legally reserve his comments right now. Gerry informed Joel that Exhibit D, from Dennis, is a letter from Mr. Kestner and questioned if this is the same resident who made the initial complaint noticed in the 8/6/08 reprimand. Joel said that he believes so and
stated that the DPW was just pulling in the shoulders of the road and not disrupting any resident property at this time and that this letter contradicts what Mr. Kestner told him and the Board members following the incident. Joel also added that by Dennis' own admission in counseling sessions he does not verbally communicate well and requested a non-public session with the Board later tonight regarding other issues. The Board informed Dennis that they would review his appeal and get back to him within ten working days.
7. Planning Department:
A. Campbell Commons Bond Reduction - Dan Merhalski informed the Board that his office received the as-built plans from Mr. Campbell for Campbell Commons and would recommend reducing the bond to zero and therefore eliminating the bond request. Joan Funk motioned to eliminate the Campbell Commons Bond request, 2nd Gail Ellis. Discussion followed in which it was asked if all bond related issues have been alleviated at Campbell Commons and Dan replied yes. Motion carried with all in favor.
B. Strafford Regional Planning Commission (SRPC) - Dan forwarded a letter to the Board from SRPC in regards to the benefits of being a SRPC member and added that though some other towns are pulling out, Farmington's fees will not increase further as a result. John Law, resident who is a town representative on the SRPC board, stated that he attended the September meeting in which the SRPC budget was created and though he did not vote in favor of the budget, he would recommend to this Board that the town stay a member of the SRPC if they can responsibly do so. Gerry asked what the town pays now for their services. Dan said the current rate is $6,593.47 and it is going to be $7,020.34. Gerry then asked how this membership would affect the town's proposed GIS planning Dale spoke of
earlier tonight. Dan said that if the town opted to not renew their membership then they would have to contract with SRPC on an hourly contractual rate for these services. Paula recommended keeping the town's membership active because now that since we have had a town staff that can utilize them, SRPC has become a valuable resource. Gerry suggested that the Board look through the upcoming budgets and then make a final decision.
Dan also requested a non-public session with the Board to discuss a waiver.
Joan Funk motioned to go in non-public session under RSA 91:A.3.II (b) and (c), 2nd Marty Gilman. Roll Call - Gerry McCarthy (yes), Marty Gilman (yes), Paula Proulx (yes), Gail Ellis (yes), and Joan Funk (yes).
Joan Funk motioned to adjourn, 2nd Marty Gilman. Motion carried with all in favor.
Meeting adjourned at 10:13pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Gerald McCarthy Vice-Chairman, Martin Gilman
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Paula Proulx Gail Ellis
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Joan A. Funk
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