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Selectmen Minutes 5-11-09
TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, May 11, 2009
356 Main Street, Farmington, NH

Selectman Present:      Chairman Paula Proulx, Joan     Funk, Gerry McCarthy, Gail Ellis and Charlie King.
Town Staff Present:     Town Administrator Anthony Mincu, Fire Chief Rich Fowler,                               Public Works Director Joel Moulton and Water Superintendent Dale Sprague.
Public Present: Sylvia Arcouette, Catherine Howard, Glen Demers and Bill Spears

The Board met at 5:30 to review and sign the bills and manifest.  Chairman Paula Proulx opened the meeting at 6:04pm.

1. Review of Minutes:
a. Joan Funk motioned to accept the amended public minutes of 4-27-09, 2nd Charlie King.  Motion carried.

b. Joan Funk motioned to accept the public minutes of 4-30-09 as amended, 2nd Charlie King.  Motion carried with Gail Ellis abstaining.

c. Joan Funk motioned to accept the public minutes of 5-4-09 as amended, 2nd Charlie King.  Motion carried.
2.  Application for Planning Board Membership:
Joan Funk motioned to appoint Glen Demers as an alternate to the Planning Board for one year, 2nd Gerry McCarthy.  Motion carried with Gail Ellis abstaining.

3.  Hawkers/Peddlers License Renewal:
Gerry McCarthy motioned to approve the Hawkers/Peddlers License Renewal for River Catch, Inc. (Christine Bowley) for 5/29/9 through 9/7/09, 2nd Joan Funk.  Motion carried.

4.  Bill Spears/Follow-Up on Cleaning Proposal:
Bill Spears, resident, explained that he and his neighbors did a really good job of cleaning up the small pond behind Grove Street and then there were some issues over the winter with snowmobiles on the ice.  He asked for the Town’s help to keep the snowmobiles off the ice.  The Board agreed this was a good idea and directed Tony to have Dennis Roseberry post it.

5. Police Department:
a. Wireless Phone Update –Paula informed the Board that Scott Roberge called her today and asked her to put this item on the next agenda because he was going to be detained tonight.

6. Fire Department:
Rich Fowler gave the Board copies of NFPA 11:41 & 42 and a Supreme Court ruling that says the fire chief has the authority to create a cistern policy.  (Tony will make copies of the paperwork and forward a copy to each Board member).  Gerry asked if the NFPA states that the Town will take over the cisterns and Rich replied no, but it is his recommendation for the policy.  Gerry then asked how cisterns would help with response time to the other side of Rte. 11.  Rich replied that with the cisterns water would be readily available.  Gerry commented that he feels it would be in the Town’s best interest for the Fire Department, Planning Board and Board of Selectmen to work together to create a comprehensive cistern policy.    Rich replied that he is in agreement and that he is only bringing this information to the Board after receiving an email from one of the Selectmen.

Charlie asked if Dan Merhalski contacted Rich about working with the Planning Board on a policy and Rich replied yes, and he is planning to attend the June meeting but he felt the email was confrontational and required a response.  (Rich will forward the NFPAs and Supreme Court ruling to Dan.)

7. Water/Sewer Department:
a. Groundwater Exploration Proposals:  Dale stated that Gerry, Tony and him met and reviewed the Groundwater Exploration Proposals and they were in consensus that Wright-Pierce would be their top choice because of their work history with the Town with the other wells and aquifer.  Dale then stated that Emery-Garrett was their second choice because of their experience and they do quality work.  Joan stated that she agreed with the committee’s recommendation.  Charlie asked who did the work for well #6 and Dale replied that Mr. Smith who is currently working for Wright-Pierce did the preliminary work and DL-Marr installed it.  Charlie then asked where the funds are coming from for the project and Dale replied that he budgeted the money.  Charlie then added that the Town is down on revenue right now and with the projects that are currently outstanding it would be nice if Dale could wait on this expenditure for a few months.  Gerry replied that this item has been on Dale’s work schedule for several years now and the Town needs to identify a water source so that it can be protected.  Gail agreed.  Dale added that this is a multiple year and phase project so the cost can be broken up also.  Paula commented that she was more impressed by Emery-Garrett’s proposal because it was more defined and that maybe phasing the project would be best.
Charlie asked if Dale felt the line items between the proposals were comparable for the top two proposals and Dale replied that those would be questions for the companies because they could better explain their proposals.

Gerry stated that it looks like the area around well #6 is top priority for investigation with the proposals and he is not sure this is the best place to focus because the City of Rochester draws a lot of water right next door to that area.  The Board was in consensus that they would like to meet with Wright-Pierce, Emery-Garrett and Mr. Highdom to discuss their proposals.

b. Water Abatement: (Charlie recused himself from this discussion because he is currently volunteering at CHANCES.)  Dale explained that there was a water leak at the CHANCES new building as a result of frozen pipes over the winter.  The building was unoccupied at the time.  Dale recommended abating the sewer bill at $1183.50 because the water was not returned to the sewer but not abating the water bill, noting this is consistent with historical requests for abatements.  Gerry McCarthy motioned to abate the sewer bill at $1183.50 for CHANCES, 2nd Joan Funk.  Motion carried.

c. Dale informed the Board that he has been trying to get out and look at all the sump pumps in town but because he is a man down he is finding it difficult.  Dale asked if he could hire a temp. person to assist with this work utilizing the salary line for the person who is out on workman’s compensation.  He explained that he spoke with Labor Ready and they complete background checks and could send someone out at $15.00/hour.  Gail stated that she is concerned with the idea of a temp. person entering resident’s homes and representing the Town.  Charlie stated that he would like to see Dale utilize the Town staff we currently have by rearranging some schedules among the departments.  Paula asked how Dale handled this before being home the certain individual who is out was just added to his department.  Dale replied that he had a man that he shared with Joel.  The Board was in agreement to have Tony, Joel and Dale sit down and try to come up with a plan to address this need utilizing the current Town employees.

d. Gail asked for an update on the Bacteria testing.  Dale explained that he is still sending the samples out to a private lab because the testing supplies he has were recalled.  He is working on a solution for the future and is waiting for the City of Rochester’s Water/Wastewater Lab to finish their research to identify the most cost-effective solution; he hopes to have a direction by next week.

e. Paula noted that the Board all received information on the water rates and questioned why the Board is seeing this so early when it usually is discussed during the budget season.  Tony replied that it is just background information for future discussions.

f. Paula asked if Wright-Pierce sent out the Waste Wastewater Treatment Facility Upgrade Plan and Dale said yes and the public notice was put in the paper.

8. Public Works:
a. Tree Service Maintenance Proposals:  Joel explained that he received two bids and would recommend contracting with Urban Tree Service due to their proximity if there is an emergency.  The bids were as follows:
        Urban Tree Service:
                - 2-man crew, 60’bucket truck and chipper                  $1100/day
                - 2 main crew, 70’ bucket truck and chipper                $1100/day
                - 20 yd. chip truck w/18 DBH chipper and log loader   $1800/day
                - 3 man crew with crane                            $3000/day
                - log loader                                               $100/hr
        Top Notch Tree Experts
                - 33ton crane/20”chipper/22chip truck/3men $250/hr x 8hr = $2000
                - 58”bucket truck/13”chipper/2men/ $100/hr x 8 hr = $1000
                - 13”chipper/10yd. chip truck/2men/ $100/hr x 8 hr = $800
                - log truck – 1 man / $100 hr x 8 hrs = $800
                - excavator w/brush grinder head 40”/ $175/hr x 8 hr = $1400
Gerry asked if the residents on the levee are aware of the work and Joel replied that he sent a letter out last year explaining the project and he will send out a reminder letter this year.  Charlie stated he is concerned with awarding a sole contract.  Joan Funk motioned to award the tree maintenance bid to Urban Tree Service, 2nd Gerry McCarthy.  Motion carried.

b. RFP for Drainage Study:  Charlie stated that he feels the format could be improved and he would like to add to the initial project summary that the Town is looking for a “cost effective plan and a determination of the current inefficiencies with a scope of work to correct them.”  Charlie then added that he believes the calculations should be for a 25 year storm event with a cost comparison for a 50year.  The Board agreed with these additions.  Charlie King motioned to post the RFP as amended tonight, 2nd Gail Ellis.  Motion carried.

c. Charlie asked for an update on the new hire and Joel said that he has narrowed down the applications to his top five and he will be completing interviews with Tony soon and present their recommendations to the Board by 5/26.

d. Gerry asked Joel is doing on the parking lot for the conservation easement and Joel said he should have it complete by the end of the week.

9. Class VI Road:
David Sprague, resident, made an application for a building permit for a new home to be built on LePene Drive.  Charlie stated that he believes this is a private road, not a Class VI road and therefore should go to the Planning Board for review and comment unless the lot is approved on a plat.  Tony will seek more information on the type of road this is and get back to the Board if need be.

10. Primex Property Liability Policy:
Tony informed the Board that Primex has set the deadline for renewal to 5/18/09.  He further stated that he contacted LGC for a quote for these services and they are under a transition right now and stated they would not be competitive at this time.  Tony recommended staying with Primex at this time.  Charlie asked if the Board has ever considered having them handle the payroll for workman’s compensation and reminded the Board that they should review the Workman’s Compensation codes to make sure they are fair and advantageous to the Town.  The Board was in consensus to stay with Primex for one year and review other options over the next year by putting out an RFP (Request For Proposals).  Paula added that there are a lot of suggestions for policies in the Primex paperwork that the Board could and should address.  Gerry McCarthy motioned to keep Primex for one year and before 5/18/09 review the Workman’s Compensation codes so that the Board can be assured that the Town is not being overcharged, 2nd Joan Funk.  Motion carried.

11. Update on Truck Insurance Claim:
Tony explained that the estimate was at $8,938 and the insurance company went up when Joel reminded them of the hydraulic addition on the vehicle.  The company has made a counter offer for $2000 on top of the $8938 to include the dump body and hydraulics.  With the $1000 deductible the total paid to the Town will be $9,938.  Charlie asked if the Town can take parts off the truck and Tony replied that he did discuss this with them and their reply was that the Town could have anything on the truck that did not come with the original package like the dump body and the hydraulics.  Charlie stated that he would be in favor of the deal but that he would not strip the truck until the Town actually receives the check.  Joan asked where the insurance company stands on the cause of the fire and Tony said that they still believe it was the wiper motor and they are still researching that avenue.  Charlie King motioned to accept the insurance offer for the Ford truck contingent upon removal of non-factory installed items at $9,938 minus the $1000 deductible, 2nd Gerry McCarthy.  Motion carried.

12. Other:
a. Gail asked if the Police Chief’s cruise got repaired and Tony said he is assuming so because there was a Purchase Order for $200 for the repairs.  A discussion was held on why the Town would be responsible to pay the $200 deductible when the vehicle was on private property and being used during off-duty time.   The Board discussed that town vehicles should not be going home and that they need to create a comprehensive policy regarding this.

13. Facility Use Request:
Joan Funk motioned to grant Bobbie Stormann permission to use the Municipal Lot for a yard sale/bake sale on 6-20-09 contingent upon the date being available, 2nd Gerry McCarthy.  Discussion followed in which Charlie noticed the applicant does not have insurance.  The Board discussed whether this would be okay or not and asked Tony to see if the applicant is affiliated with the schools.  Motion withdrawn.

14. Follow-Ups/Updates:
a. Final Draft of Clock Agreement – Tony explained that they added the proof of insurance section and that the agreement will be recorded at the Registry of Deeds by the Town.  Gail said that she asked Brian Somma for his opinion on the final draft since he had been reviewing it and he stated that he would like to see a buy back clause.  Tony said that he spoke with Legal on this issue and their opinion was that if this was going to be done it should have been done 60 years ago.  Paula then noted that the notary was missing on the final draft. Charlie King motioned to accept the clock agreement pending the changes to add the notary section for the church, 2nd Gerry McCarthy.  Motion carried.

b. Tony stated that the clock will be adjusted on Wednesday.

c. Joan stated that she would like to follow-up on the maintenance of the Municipal building.  Paula asked what funds are available and Tony replied that there are funds in the building maintenance line.  Paula then asked if quotes were received for the roof work for the Town Hall/Opera House and Tony replied that he received one for $9,000.  Gerry commented that preventive maintenance issues such as painting and carpeting should not come before the Board and then the Board directed Tony to get the priorities for the maintenance together.

d. Paula asked for an update on the Purchasing Policy and Tony replied that a draft will be ready for the next meeting.

e. Paula asked if the Animal Control Officer has the red car yet and Tony said yes.  Paula then asked why she is driving a cruiser then, noting that she is concerned that she is driving a cruiser when she is not a police officer.  Tony stated that he will direct the Police Chief on this matter.  Charlie said that the Police Department needs to look into having a local body shop remove the lettering on the red car and applying some decals for the Animal Control Officer.

f. Gerry asked if the Board received a copy of the revised grant proposal from the Police Department.  The answer was yes, the new draft is for cameras for 2 cruisers at $10,600, assorted guns at $3,720, a weapons safe at $3,152 and mobile radios at $3,000.  Charlie stated that he thought the proposal was for three cameras with the remaining funds to be split between the guns and a safe.  The Board was in agreement.  Charlie King motioned to change the Police Department grant proposal to 3 car cameras and sacrifice the $3000 for the mobile radios as discussed with the Chief previously, 2nd Paula.  Discussion followed in which it was noted that by adding the $3000 to the camera line the Town could still be potentially short and that this is a negotiated cost that can be worked out.  Motion carried with Joan Funk opposed.

g. Gail asked for an update on the RFP for the electrical work at the Police Station and questioned why a mandatory bid meeting was not published so that all bidders received the same walk through.  Tony replied that with the approximate cost of the project at $3-5,000 he felt it would be difficult.   

Charlie King motioned to go in non-pubic session under RSA 91A.3.II. (a)(c) and (d), at 9:42pm 2nd Gail Ellis.  Roll Call – Paula Proulx (yes), Gerry McCarthy (yes), Charlie King (yes), Gail Ellis (yes) and Joan Funk (yes).

Gail Ellis motioned to seal tonight’s non-public minutes, 2nd Joan Funk.  Motion carried.
Paula Proulx motioned to adjourn, 2nd Charlie King.  Motion carried.
Meeting adjourned at 10:15pm.

Respectfully Submitted,
Brandy Sanger
Recording Secretary
__________________________                      _________________________
Chairman, Paula Proulx                          Vice-Chairman, Gail Ellis

__________________________                      _________________________
Gerry McCarthy                                  Charlie King

__________________________
Joan A. Funk