TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, April 6, 2009
356 Main Street, Farmington, NH
Selectman Present: Chairman Paula Proulx, Joan Funk, Gerry McCarthy, Charlie King and Gail Ellis.
Town Staff Present: Town Administrator Anthony Mincu, Director of Planning & Community Development Dan Merhalski, Code Enforcement Officer Dennis Roseberry, Fire Chief Rich Fowler and Public Works Director Joel Moulton.
Public Present:Mary Barron, Rainey Rainfelt and Tracy Majors
Chairman Paula Proulx opened the meeting at 6:00pm though the Board had been in chambers reviewing and signing the manifests and bills since 5:30pm.
1. Public Comment:
A. Mary Barron invited the public and the Selectmen to a free presentation of Barefoot In The Park by the Farmington Town Players on April 17 and 18, 2009 at 7pm. They will be collecting non-perishable food and bath products for the Inter-Faith Food Pantry for all those who would like to participate.
B. Rainey Rainfelt, resident, asked to speak with the Board in non-public session later in the evening and the Board agreed.
C. Paula reminded the Board that they were all invited to the Venture Crew’s Awards Banquet.
2. Review of Minutes:
a. Joan Funk motioned to accept the public minutes of 2-9-09 as amended for spelling corrections, 2nd Gerry McCarthy. Motion carried with Charlie King abstaining.
b. Joan Funk motioned to accept the non-public minutes of 2-23-09 as amended to reflect the time, 2ndGail Ellis. Motion carried with Charlie King abstaining.
c. Joan Funk motioned to accept the public minutes of 3-2-09 as amended, 2nd Gail Ellis. Motion carried with Charlie King abstaining.
d. Joan Funk motioned to accept the public minutes of 3-9-09 as amended, 2nd Gail Ellis. Motion carried with Charlie King abstaining.
e. Joan Funk motioned to accept the non-public minutes of 3-9-09 as amended, 2nd Gail Ellis. Motion carried with Charlie King abstaining.
f. Joan Funk motioned to accept the public minutes of 3-16-09 as amended, 2nd Charlie King. Motion carried with all in favor.
g. Joan Funk motioned to accept the non-public minutes of 3-16-09 as amended, 2nd Gail Ellis. Motion carried with all in favor.
h. Joan Funk motioned to accept the public minutes of 3-23-09 as written, 2nd Gerry McCarthy. Motion withdrawn so the wording could be changed under the COAST bus update.
Joan Funk motioned to table the public minutes of 3-23-09, 2nd Gail Ellis. Motion carried with all in favor.
i. Joan Funk motioned to accept the non-public minutes of 3-23-09 as written, 2nd Gail Ellis. Motion carried with all in favor.
3. Mobile Home License Renewal:
a. Dennis informed the Board that he inspected both Farmington Ridge and Peaceful Pines Mobile Home Parks and found no issues so he is recommending that the Board renew their licenses. Joan asked if there were any compliance issues left over from the 2008 license renewal and Dennis replied that all the concerns were addressed satisfactorily. Joan Funk motioned to renew the mobile home park licenses for both Peaceful Pines and Farmington Ridge, 2nd Gail Ellis. Motion carried with all in favor.
Charlie King motioned to move the Fire Chief’s discussion up on the agenda so that he could attend the Fire Association meeting, 2nd Gail Ellis. Motion carried.
4. Cistern Policy:
a. Charlie King stated that he feels the Planning Board should review, approve and adopt this policy. Rich replied that he disagreed because the fire chief is the authority for cisterns and he does not feel it needs planning board approval. Gerry stated that he agreed with Charlie and he feels the Chief has the authority to monitor and enforce the policies but that he is concerned with the fire chief adopting ordinances and/or policies. Gerry added that he feels all such policies should go before the legislative body for adoption and that he would like a legal opinion as to whether or not it should. Rich replied that NFP 1-18.3.1 states that a fire chief has the authority to adopt a cistern policy and that his goal is to make sure the town is protected with a sufficient water supply.
Charlie stated that he will investigate further but he feels strongly the Planning Board should adopt it so that it is part of building approvals and not considered after the fact. Rich stated that he will do some more research also and asked the Board to reconsider it in a few weeks.
Joan asked what the liability is to the town if the state is telling him he has the authority to create such a policy and the Board doesn’t let him. Charlie asked Rich if has an issue with the Planning Board adopting and utilizing a cistern policy on applications. Rich replied no, but there are items he should be enforcing; like testing issues. Gail asked if this draft policy that has been around for 1 ½ years has been enforced at all. Rich replied no, that this is only a draft. Charlie noted that the Planning Board has required cisterns on some applications over the past several years.
A discussion was held that TRC (Technical Review Committee) recommendations are taken into consideration by the Planning Board but they are not set in stone. Dan noted that he does advocate at the Planning Board meetings for the department heads recommendations and that there is a catch all in the Notice of Decision for all approvals that read the applicant must meet all fire regulations and codes.
Gerry noted that the Selectmen are the elected officials for the town and he feels they should be part of approving any town policies. Charlie agreed because there is a financial responsibility to the town when a cistern is taken over.
At 6:52pm, Joan Funk motioned to go in non-public session under RSA 91A.3.II (c), 2nd Charlie King. Roll Call – Paula Proulx (yes), Gerry McCarthy (yes), Charlie King (yes), Gail Ellis (yes) and Joan Funk (yes).
At 7:10pm the Board came back into public session.
5. Highway Department:
A. 4 Day Work Week – Joel reminded the Board that for the past three years his department has gone to a four day work week for the summer months and that it has worked out well and projects are completed quicker. He stated that he would like to start this schedule on April 20 and go through October. Joan Funk motioned to allow the Highway Department to go to a four day work week starting April 20, 2009, 2nd Gerry McCarthy. Discussion followed in which Charlie stated he is not in favor of this type of schedule because of the unpredictable weather, though he would be amendable to the schedule if it was staggered for the employees therefore providing the five day coverage. Joel replied that unless there is a torrential downpour his
department will continue to work. Gail asked what Joel has scheduled that would warrant a four day work week. Joel replied that he has a schedule he will forward to the Board but the installation of culverts would be a perfect example. Gail asked what the schedule would be and Joel explained it would be Monday through Thursday 6am to 4:30pm. Gail asked what would happen if staff was needed on the fifth day and Joel explained that someone is on call and there schedule would be adjusted accordingly so there would be no overtime. Motion carried with Charlie King opposed.
B. Oil Bids – Joel informed the Board that the sealed bids came in to Tony on Friday afternoon and that he did add synthetic oil to the bid to help save money on the police fleet. Charlie asked what the town is currently doing with waste oil and Joel said nothing. Charlie asked him to look into reselling or using it and Joel said he would investigate the options. Charlie then noted that he agrees with going with synthetic blend oil and asked if the specs meet all the requirements and Joel replied yes. Joel added that the synthetic oil will allow for half as many oil changes in the PD fleet which would free up the town mechanic and that Sgt. Ferguson, who is in charge of the fleet, is agreeable to this plan.
Paula stated that she forwarded information to Joel regarding a grant that could possibly fund the purchase of a waste oil furnace for the garage and that Joel is going to research it more. Joel explained that if the Board goes with the synthetic blend that it will increase the lowest bid by $1390. Gerry McCarthy motioned to go with the lowest bidder, Sanel Auto Parts, with the purchase to include synthetic oil and a total cost of $6,357.50, 2nd Joan Funk. Motion carried with all in favor.
C. Open Position – Joel stated that he would like permission to fill the open position at the highway garage. Gerry McCarthy motioned to approve the posting and filling of the open position at the highway garage, 2nd Joan Funk. Discussion followed in which Gail asked if the hiring policy includes background checks and drug testing. Joel said yes, plus they do random drug testing, a DOT physical and a full physical plus he requires his crew to all have medical cards. Charlie asked if Joel should be posting for a foreman or assistant and the Board was in consensus not to. Motion carried with all in favor.
D. Grader Upgrade – Joel reported that the front pin on the grader was broke but it is operational now and the cost was about $600.
E. Sarah Greenfield Business Park (SGBP) Clearing – Joel asked the Board if they would consider contracting out for clearing at the SGBP. He would like to pursue bids to clear on the town owned property within the park because he has to excavate his road materials from there. Joel added that he has met with NHDOT to identify the limits of the excavation area. The Board was in consensus that Joel could seek the bids.
F. Bay Road Bridge Update – Joel informed the Board that he is looking for stimulus money for this bridge replacement and that he should know in a couple of weeks if the town will be awarded the money. Gerry asked if he is looking at a way to hold back the water on the Mill Pond with the bridge and Joel replied that he is looking into it. Gerry then reminded Joel that a parking lot for the new land donation also needs to be constructed.
G. Rte. 153 Update – Joel informed the Board that NHDOT has received many phone calls regarding the posting of the road and they are looking into the possibility of swapping some road maintenance in town. Paula commented that the police department has been active with stopping overweight vehicles in the area.
6. Primex:
A. Appraisal of 1 Ton Truck – Tony explained that the appraiser came in with a low appraisal but it seems justified because Tony witnessed him plugging all the information into the computer program that appraises the vehicles. Charlie asked Joel what other specs are on the truck that are not included in the appraisal. Joel replied that the central hydraulics were not included and they are $5-6,000. Gail asked for the cost of the cab and chassis and Joel said he has that information in his office so he will have to forward it. Charlie suggested forwarding a list of items, like the hydraulics and plow set-up that were not included in the appraisal to Primex and see if the appraiser can adjust the appraisal. The Board was in agreement to do this.
B. Sander – Tony informed the Board that the town was compensated for the sander and the amount was acceptable.
C. Hazard Survey for the Highway Department (from Primex) – Tony informed the Board that since Primex was in town they did a hazard survey of the highway department and forwarded some recommendations that would like responded to within the next several weeks. Joel added that he has a plan to address most of the items. Charlie stated that he would like to see a memo from Joel on how his is or is planning to address all the recommendations made by Primex. Charlie stated that he would also like to discuss cleaning up the garage area as well in regards to the scrap iron, tanks, etc.
7. Update on Diesel Spill:
A. Tony informed the Board that CN Brown came to fill the tanks last week and the third tank was overfilled. Apparently the gauge and audible alarm failed but the visual blinking alarm was working. NH DES was called. Joel added that he dug 8-10 yards of the ground up and then DES requested another 10-12 yards be taken out so he did. CN Brown paid for the container to put the spill in and Joel’s crew did the work. Tony said that Dale Sprague now has a list of requirements from DES for the tanks because there are some deficiencies and the Board will need to address them over the next several weeks. Charlie asked if the material is being disposed of by CN Brown at no cost to the town and Tony replied as far as he knows yes.
8. Strafford Regional Planning Commission (SRPC) Discussion/ Request for Priorities:
A. Dan Merhalski informed the Board that Cynthia has agreed to meet with the Board on April 20 to discuss the priority list. He then added that Joel came up with a list of 14 projects that would benefit the town, but SPRC is looking for the town’s top five projects. The Board asked Joel to apply approximate costs to each proposed project and then forward to the Board. Dan stated he will work on regional recommendations as well.
9. FEMA Money Discussion:
A. The town submitted a total expenditure request of $89,699 for the reimbursement of the Ice Storm in 12/08. The police and highway departments both requested reimbursement from the FEMA money and Paula asked Tony if the fire chief requested any funds. Tony stated that the Fire Chief stated he would like to purchase the water pumping system he described to the Board several meetings ago for about $5,000. The town did receive $48,046.96 in reimbursement for the highway, $10, 229.39 for the police department and $8, 866.36 for the fire department. Tony informed the Board that Pam (finance administrator) said the town needs to be reimbursed first and then the remaining funds can be dispersed as the Board sees fit, whether it be put in the general fund or given to each department. Paula
stated the Board needs to schedule a public hearing to accept the funds. Gail stated she feels the Board should know what the departments plan to expend the money on if they are given it. Paula asked Tony to get a clear understanding of what the town needs to do with the funds. Charlie asked for a summary from all department heads on what they would want to spend the funds on and noted that the department heads will probably want to be at the next meeting to discuss the issue. The public hearing is scheduled for 4/20/09 at 6pm.
10. Other:
A. Gail read a letter dated 2-6-09 from Daniel Auger, a resident of Sheepboro Road that stated he feels a section of Sheepboro Road needs to be widened for safety reasons. Joel stated he did not receive a copy of the letter but that he does agree with the concerns of the resident. Joel then stated that he would research the area and come back with his recommendations.
11. Safety Committee:
A. Tony informed the Board that he received a resignation from a committee member and that he would like to reconstitute the committee. The Board agreed a committee had to be active.
12. Town Clock:
A. Tony informed the Board that Walter Mitchell, town attorney, is going to draw up a legal document that lays out the ownership of the clock. Tony stated that the Board needs to identify exactly what the town is responsible for on the clock; i.e. faces, arms and internal structures, and that he assumes that housing would not be included. Paula added that the document needs to include some type of easement for access through the church. Tony then suggested maybe creating an adhoc clock committee to review the bids for the clock repairs with representatives from the Board, the budget committee, the church and the public. He then commented that the passage up to the clock probably needs to be stabilized. Paula replied that this would have to be included in the document Walter is drawing
up and that Marty Gilman would probably be a prime candidate for the committee.
13. Discussion on Bidding Policy:
A. Tony informed the Board that he discussed the purchasing policy with the department heads and they asked if the Board would consider increasing the $2500 threshold and not include exclusive vendors. Charlie replied that it should be exclusive products or services not vendors. Tony also stated that he received a memo from Walter Mitchell that stated the lowest bid should be taken each time but a better way to go would be to request proposals and not bids. Paula asked the Board to review the purchasing policy and then be prepared to discuss at the next meeting. Joan suggested holding a separate workshop to work on this. It was then discussed that the Board was in consensus that the Police Chief should readvertise for sealed “proposals” for the electrical work.
14. Nute House:
A. Dennis Roseberry did a site inspection of the Nute House and forwarded his findings to the Board. Charlie noted that he also visited the building and based on the conditions of the property he feels the cost to preserve it and make it useful would not be a wise expense for the town. Gerry McCarthy motioned to not pursue purchasing the Nute House, 2nd Joan Funk. Discussion followed in which Joan stated she agreed with Charlie’s comments and Charlie added that the location is important to the town but the cost is too large. Motion carried with all in favor.
15. Other:
A. Paula questioned the purchase order for the Crown Victoria police cruiser. Tony said it was done on the state bid. Paula asked what determines where the vehicle is purchased from and Tony said he would check.
B. Gerry stated that he noticed there were two bills for the police department to take the light bars of the 2005 cruiser and the animal control officer vehicle. He stated that he assumes the cruiser lights are going to be installed on the new cruiser but questioned what is happening with the other light bar. Tony replied that he was unsure but he would check. The Board was in consensus that the animal control vehicle should not have lights.
C. Paula questioned if the $1800 warranty for the Rec. Chevy van came with the vehicle. Tony replied that it is an extended warranty in which he thought the Board was in favor of. Charlie asked if the vehicle was inspected by the highway garage and Tony said yes and there were some deficiencies that the dealership took care of. Paula asked where the #1800 is coming from and Tony replied that he believes Rick wanted to take the funds from the vehicle repair line. Paula asked if the vehicle is a done deal and Tony said yes, that Rick picked it up last Thursday. The Board discussed that they would have like to have voted on whether or not to purchase the extended warranty.
D. Paula informed the Board that Bonnie forwarded information that there will be a free assessing workshop by DRA on April 27 at 7pm in the Selectmen’s Chambers that anyone can attend.
E. Paula stated that she received a letter from Strafford County Dispatch and it appears the cost to the town has gone down.
F. Paula asked Tony if he has heard anything on the prosecutor. Tony said he has not received any proposals and the Board suggested posting for a police prosecutor.
G. Tony stated that he received unofficial word from one of the town’s carriers that they will be returning money to the town next year.
H. Paula informed the Board that the Class of 2012 would like to use the Municipal Parking Lot for a fundraiser on 5/23 and 5/24. Gerry McCarthy motioned to approve the use of the parking lot for the Class of 2012 fundraiser if it is for a carwash and if it is for anything else then that information needs to come back to the Board for a decision, 2nd Joan Funk. Discussion followed in which Gail stated she would like to what the fundraiser is. Motion carried with Gail Ellis abstaining.
At 9:41pm, Joan Funk motioned to go in non-public session under RSA 91A.3.II (a), (c), and (d), 2nd Charlie King. Roll Call – Paula Proulx (yes), Gerry McCarthy (yes), Joan Funk (yes), Charlie King (yes) and Gail Ellis (yes).
The Board came out of non-public session with a roll call vote at 10:45pm.
Joan Funk motioned to adjourn, 2nd Gail Ellis. Motion carried with all in favor.
Meeting adjourned at 10:46pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Paula Proulx Vice-Chairman, Gail Ellis
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Gerald McCarthy Charlie King
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Joan A. Funk
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