TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, August 24, 2009
356 Main Street, Farmington, NH
Selectmen Present: Chairman Paula Proulx, Gerry McCarthy, Gail Ellis, Joan Funk and Charlie King.
Town Staff Present: Town Administrator Anthony Mincu, Fire Chief Rich Fowler, Police Chief Scott Roberge and Public Works Director Joel Moulton.
Public Present:John Nolan, Bill Spears, and Troy Dean
Chairman Paula Proulx opened the meeting at5:36pm. Charlie King motioned to go in non-public session under RSA 91A.3.II. (b), 2nd Gerry McCarthy. Roll Call – Joan Funk (yes), Gerry McCarthy (yes), Charlie King (yes) and Paula Proulx (yes).
The Board came out of non-public session and Paula opened the public meeting at 6:43pm.
1. Public Comment:
A. John Nolan, resident of River Road, asked for an update on what is going to be happening on his road. He explained that the Town pulled up the pavement by his house and he would like to know when it will be repaved because the water is running down the road and washing away his lawn. Paula replied that Joel is getting quotes for the pavement and the work will be done shortly. Gerry added that the road was torn up because it had to be built up so it would not continue to wash away.
B. Bill Spears, resident of Church Street, reminded the Board that he would like to post the pond on Orange Street against snowmobiles and ATVs so it can be used for a skating pond this winter. Joel has the signs and will put them up. Mr. Spears then asked the Board for permission to clean-up the brush along his property line and the Board directed Joel Moulton to visit the site and authorize the clean-up if appropriate. Lastly, Mr. Spears asked the Board for a response to his letter in reference to the recently completed maintenance on the Municipal building. Charlie commented that the county workers are coming back to complete the work but if a bid request is put out in the future for any work then Tony will contact Mr. Spears to let him know.
C. Troy Dean, resident of Winter Street, stated that he is very concerned about his neighbor’s woodstove pipes on his shed, noting that he is afraid the trees are going to catch on fire. Mr. Dean also noted that the same neighbor has also put up a pool on Town property and he was told by Dennis (Code Enforcement Officer) that only one 12 x 12 shed is allowed and the shed is definitely bigger. Tony will address the concerns with Dennis and follow up with Mr. Dean.
D. Paula thanked all the staff and volunteers for a successful Hay Day and reminded the Town that the fireworks have been rescheduled for this Friday night.
2. Public Works:
A. Safe Routes to School Grant – Joel explained that the grant is to educate and promote walking and biking to school and to construct and repair sidewalks along the Tiger Trail (safe walk to school route). At this point engineered plans are needed because it is a federal grant. Joel stated he would like to have a force account for the grant in which the Town will do all the labor for the construction. The estimated costs for the engineered plans and permitting is estimated from Jacobs at $20,000. These costs are reimbursable through the program by a letter request sent to John Corrigan the Safe Routes to School Administrator. The cost for the plans was overlooked in the original application and therefore not funded at this point though it may be considered a project cost as the
project continues. Joel then explained that a force account is relatively rare but Mr. Corrigan indicated he will try to get this approved on behalf of the Town. The Board was in consensus to have Joel move forward with the request for the force account agreement without a commitment from the Town to do the work or pay for the plans until a written consent from the grant is received. Charlie King motioned to authorize Joel to move forward with the design phase of the Safe Routes to School Grant and request for a force account agreement, 2nd Gail Ellis. Discussion followed in which Gail asked where the money would come from initially and Joel said he is not sure yet and it might need to be a warrant on next year’s ballot. Motion carried with all in favor.
B. Landfill Stickers – Joel brought forth the following bids for the landfill stickers;
Allegra Printing and Imaging $577.43
TKO Printing $875.00
C & K Printing $976.40
Walnut Printing Specialties $990.00
Gerry McCarthy motioned to award the landfill sticker bid to Allegra Printing and Imaging at $577.43, 2nd Joan Funk. Discussion followed in which Gail asked how many stickers it is for and Joel replied 5,000. Motion carried with all in favor.
C. Stormwater Drainage Study Progress Update – Joel provided the Board with an update from Jacobs on the status of work completed on the study and what they have found thus far. Charlie asked for an estimated completion time and Joel replied about one month.
D. Cutting Edges – Joel informed the Board that he was recently made aware that the Kennametal carbide he was quoted for in June is not what was in the specs of the bid and after some research it appears the metal is Blackcat steel. Joel requested to default to the second lowest bidder. The Board directed Joel to rebid the cutting edges if he determines the material is not comparable to what he requires.
E. Campbell Commons Road Easement – Joel asked for an update on the road maintenance easement for Campbell Commons so that he can plan his maintenance. Paula asked Tony if an easement was received from the owner and Tony replied no but he will follow up and the Town should not do maintenance without the easement.
F. NHDOT Road Swap – Joel gave the Board a copy of the letter he sent to Doug DePorter of NHDOT District 6 and then read the reply he received in the form of an email. Joel will meet with Mr. DePorter to review and inspect the roads and come up with an amicable agreement.
G. Highway Salt – Joel informed the Board that he received a quote from Morton Salt for this winter at $52.04 per ton. The state bid from Granite State Minerals is $55.41 per ton. Based on pricing and service Joel would like to continue with Morton Salt noting that if the Board agrees to this plan the Town will not be eligible to participate in this year’s state bid. He then noted that he uses 1400-1500 tons of salt per year, so contracting with Morton Salt would be an approximate $5000 savings. Charlie asked why Joel did not post the bid and Joel replied there are only three bidders and Morton Salt sent the quote on their own. The Board was in consensus that Joel should get the third bid and respond back to the State that the Town will not be participating in the salt bid. Paula Proulx motioned to let Joel award the highway salt bid to Morton Salt unless the third supplier comes in lower and can meet his schedule, 2nd Joan Funk. Motion carried with all in favor.
3. Police Department:
A. Approval for Car/Drug Forfeiture – Scott explained that five months ago his department seized a 2007 Dodge Charger in a drug charge. He would like to purchase this vehicle for $3,126.87 (vehicle is worth over $25,000) and make it a primary detective car. He is proposing to make the current detective car the Animal Control Officers and give that vehicle to another department. Scott added that he would like to utilize his FEMA reimbursement funds for this purchase and that the vehicle if purchased has to be placed in official use. Gerry asked what the mileage is on the vehicle and Scott replied it is in the 20s or 30s. The approximate cost to switch over the radio and siren is $500 but the Police Association has offered to pay for it and there is no storage charge. Gerry
asked why it can not be put in as a patrol car and Scott replied that the Detective car has the highest mileage plus the Charger is silver and has leather interior and a sunroof so it would not be ideal to transport prisoners, though the vehicle could be used as patrol vehicle in the inclement weather because it is AWD. Also the potential costs for repairs would be higher if it was used as a cruiser. Charlie brought up the idea of selling the vehicle at auction and applying the money earned towards future patrol car purchases. Scott replied that the auction would not bring in much money. Gail Ellis motioned to approve the purchase of the 2007 Dodge Charger for $3,126.87 with the usage of the vehicle with the Police Department to be determined still, 2nd Charlie King. Discussion followed in which Gerry offered a friendly amendment that there are no storage fees owed and both Gail and Charlie accepted
the amendment. Motion carried with all in favor. The Board then asked Scott for a vehicle list with mileage and usage for his department.
B. Charlie King asked for the estimated arrival for the cruiser that was purchased with the JAG money. Scott replied that no one has received any funds yet and that he has been following up with the County.
C. Charlie asked if the Town is receiving an insurance payment for the damage done to the Expedition. Scott replied that they were able to track the responsible party down with the camera system around the PD and that the Town has received a check for approximately $600 for the damages.
D. Charlie then noted that he is appreciative of the free storage Bob Parks gave the town but he is not sure if it is reasonable to accept these types of favors from residents. Scott replied that Mr. Parks has assisted the Town for many years and this is probably his way of thanking the Town for their consistent business.
E. Gail asked for an update on the stolen Landfill Stickers and Scott replied that they followed up on the information they were given but have not yet gained enough proof to charge anyone.
At 8:32pm, Charlie King motioned for a short recess, 2nd Gerry McCarthy. Motion carried.
At 8:37pm the Board reconvened.
4. Appointment of Selectmen to the Planner Hiring Committee:
Paula noted that Paul Parker and Butch Barron both agreed to be on the committee and the Conservation Commission suggested Randy Orvis be the representative. Gerry McCarthy motioned to appoint Charlie King as a Selectmen’s representative to the planner hiring committee, 2nd Gail Ellis. Motion carried with Gail Ellis abstaining.
Charlie King motioned to appoint Paula Proulx as a Selectmen’s representative to the planner hiring committee, 2nd Gail Ellis. Motion carried with Gail Ellis abstaining.
Charlie King motioned to appoint Paul Parker, Butch Barron and Randy Orvis to the Planner Hiring Committee, 2nd Gail Ellis. Discussion followed in which it was questioned if Elaine or Dennis should serve on this committee because they would be the hire’s subordinates. The Board was in consensus this would probably not be a good idea and Rich Fowler volunteered to serve on the committee. Motion carried with Gail Ellis abstaining.
Gerry McCarthy motioned to appoint Rich Fowler to the Planner Hiring Committee, 2nd Joan Funk. Motion carried with Gail Ellis abstaining.
Charlie King motioned to remove Dennis Roseberry from the Planner Hiring Committee noting possible subordinate issues, 2nd Joan Funk. Motion carried with Gail Ellis abstaining.
5. Review of Minutes:
A. Joan Funk motioned to accept the public minutes of 7-13-09 as amended to spell out the acronyms of the CMA and FST, 2nd Charlie King. Motion carried.
B. Joan Funk motioned to accept the non-public minutes of 7-13-09, 2nd Gail Ellis. Motion carried.
C. Joan Funk motioned to accept the public minutes of 7-27-09 as amended for a spelling change, 2nd Gail Ellis. Motion carried.
D. Joan Funk motioned to accept the public minutes of 8-10-09 as amended to add the 9 bids for the Wastewater Treatment Facility, 2nd Gail Ellis. Motion carried.
E. Joan Funk motioned to accept the non-public minutes of 8-10-09 as written, 2nd Gail Ellis. Motion carried.
F. Charlie King motioned to accept the public minutes of 8-17-09 as amended for a word choice change, 2nd Gail Ellis. Motion carried with Joan Funk abstaining.
6. Time Clock Policy Finalization:
Gerry asked what the intent of the first paragraph is. Tony replied that his intent was to leave the decision up to the department heads as to whether they wanted to use time cards or sheets. Charlie stated that he feels that allows the department heads to not use time cards and he feels that all hourly employees should punch a time card for accounting purposes and it is not a trust issue. Gail commented that she would like a copy of each department’s procedures before approving this document and she would like to exempt the Police and Fire from utilizing the policy; Joan agreed. Rich commented that as a department head he is not 100% in favor of time clocks because he is not sure how it would work with emergency calls or the volunteers. He also added that he department head should be
accountable for their employees’ hours and if they are not then the Selectmen should hold them accountable.
Charlie King motioned to require time clocks for all hourly employees and exempt the fire and police from the requirement though have them create a policy to meet time accounting requirements for safety reasons, 2nd Gail Ellis. Discussion followed in which Gerry commented that he feels the overtime lines will increase just to prove a point to the Board. The Board discussed that they can review the policy in six months to see how much it is costing. Gail commented that the Board should discuss the issues of accountability with the department heads where there is a problem and not create another problem. Motion failed; Charlie King (yes), Gail Ellis (yes), Joan Funk (no), Paula Proulx (no) and Gerry McCarthy (no).
Charlie commented that the use of time clocks is meant to be a tool for department heads to make their jobs easier. Rich explained that he would create a policy that all shift personnel would punch a clock but his volunteers would continue to use time sheets. Gail Ellis motioned to table the Time Clock Policy, 2nd Charlie King. Motion carried.
7. Town Owned Vehicle Policy Finalization:
Gail commented that wording needs to be added that an exception will be made to the policy and a vehicle will be allowed to take home if all five conditions listed are met. Tony will add the verbiage. Gerry stated he feels none of the vehicles should be taken out of town, though one department head will have to be grandfathered at this time and this could be solved by having a residency requirement for all future department heads. He also believes that if a salaried employee is called in after hours then they should get reimbursed for mileage at the state rate.
Charlie stated that he feels department heads should not be allowed to take home a vehicle unless they are willing to cover it under their homeowner’s insurance while it is parked in their yard. Tony will check on the legality of having department heads sign a waiver that they will be responsible for the vehicle when it is parked in their yard.
After further review the Board decided to remove the #3 exception for Public Works should not be included in the policy. Also mileage reimbursement for salaried employees responding after hours should be added. Gail Ellis motioned to table the town owned vehicle policy, have Tony make the proposed changes and review the liability issue with legal, 2nd Charlie King. Discussion followed in which it was decided to add verbiage to the policy that states all cell phone usage should be limited to hands free operation by the operator and seat belts are required by all passengers. Motion carried with all in favor.
8. Distribution of Pay Scale Information:
Tony explained how to read the paperwork handed out and the Board decided to have Jason Hock who created the document come to the next meeting to review it. Gerry commented that he is not in favor of a step plan and Charlie replied that the document can be use to make the base pays more equitable.
9. Update on Opera House Roof:
Tony informed the Board that he had to call in a bee expert for $675 because there were thousands of bees up on the roof. Also, the antenna was taken down and through the roof repair process the workers found rotting trim on one side. He received a quote for $5900 to replace the trim. Paula asked Tony to double check the Renovation account to make sure the money is there and was transferred over from the other accounts. Charlie King motioned to authorize an additional $5900 expenditure to replace the roof trim with solid PVC, 2nd Joan Funk. Motion carried.
10. Other:
A. The RFP for the Police Department skylight repairs was posted.
B. Wright-Pierce forwarded the amended Change Order Memorandum. Charlie King motioned to approve the Change Order Memorandum as written and revised on August 10, 2009, 2nd Gail Ellis. Motion carried.
C. Economic Development Committee (EDC) application by Debra Cantwell – Charlie recused himself from the discussion because he is a direct abutter to the applicant. Joan Funk motioned to appoint Debra Cantwell to the EDC for one year, 2nd Gail Ellis. Motion carried.
D. Copier Update – Charlie asked if the copy limit is a total or per copier and Tony replied it is a total. Charlie then asked what the historical number of copies is and Tony replied about 120,000 and the new limit is 192,000. Also, the maintenance fee used to be $77 a month for one copier and is now $96 for all three machines. Charlie stated he is concerned that the Town will go over the copy limit and asked Tony to negotiate for 250,000 copies. The Board agreed this would be a good idea.
E. The Board received a letter requesting the 2009 disbursement of donation to the Red Cross and Tony informed the Board this was already sent out.
F. Paula asked if anything has been done with the acquiring of a Municipal generator that was budgeted for. Tony replied no that they were looking for a grant from Homeland Security and he will seek a decision within the next 30 days.
G. Tony asked if the Board would like him to put out an RFP for diesel and home heating oil. The Board agreed it was a good idea to see where the numbers are at.
H. Gail noted that an air conditioner was left on upstairs last weekend and Tony said he will bring it to their attention.
At 10:40pm, Paula Proulx motioned to go in non-public session under RSA 91A.3.II (c), 2nd Gail Ellis. Roll Call – Paula Proulx (yes), Charlie King (yes), Gerry McCarthy (yes), Joan Funk (yes) and Gail Ellis (yes).
Joan Funk motioned to adjourn, 2nd Gail Ellis. Motion carried.
Meeting adjourned at 10:47pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Paula Proulx Vice-Chairman, Gail Ellis
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Gerry McCarthy Charlie King
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Joan A. Funk
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