TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, September 20, 2010
356 Main Street, Farmington, NH
Selectmen Members Present: Paula Proulx, Gerry McCarthy, Charlie King, Gail Ellis and Joan Funk.
Town Staff Present: Interim Town Administrator Alan Gould, Police Chief Scott Roberge and Water Superintendent Dale Sprague
Public Present:Dave Connolly, Pat Splaine, Kevin Emerson, Don Whittum, Kevin MacEneany and Ed Leonard
Chairman Proulx called the meeting to order at 6:00pm.
Police Chief Scott Roberge presented Patrolman Colin Wheeler and citizen Ronald Route with a Lifesaving Award because of their quick and efficient lifesaving skills in which they were able to collaboratively save the life of Mr. Emerson.
- Pat Splaine requested a non-public session with the Board; she provided the Board with a written proposal that they will review and then have Alan contact her with the Board’s response.
- Paula asked Alan if the boiler at the Rec. Dept has been fixed on behalf of a resident.
- Joan Funk motioned to accept the public minutes of 9-7-10 as amended, 2nd Charlie King. Motion carried with all in favor.
- Joan Funk motioned to accept the non-public minutes of 9-7-10 part A as amended, 2nd Charlie King. Motion carried with all in favor.
- Joan Funk motioned to accept the non- public minutes of 9-7-10 part B as amended, 2nd Charlie King. Motion carried with all in favor.
- Joan Funk motioned to accept the public minutes of 9-13-10 as amended, 2nd Charlie King. Motion carried with all in favor.
- Joan Funk motioned to accept the non-public minutes of 9-13-10 part A as written, 2nd Charlie King. Motion carried withdrawn.
- Joan Funk motioned to accept the non-public minutes of 9-13-10 part B as amended, 2nd Charlie King. Motion carried with all in favor.
- Joan Funk motioned to accept the non-public minutes of 9-13-10 part C as written, 2nd Charlie King. Motion was rescinded.
- Gail Ellis motioned to table the non-public minutes of 9-13-10 part C until the non-public session later tonight, 2nd Joan Funk. Motion carried with all in favor.
Paula announced that the Board will hold a public hearing in accordance with RSA 31:95B on Monday, September 27, 2010 at 6:00PM in the Selectman’s Chambers for the expenditure of Unanticipated Revenue in the amount of $40,886.15 for FEMA Disaster 1892-DR-NH.
- Police Department:
- Police Chief Scott Roberge explained to the Board that the police department is currently down two officers as the two new hires are in the Academy. He stated he understands the Board’s concern over the recent call for back-up assistance on a Saturday morning and explained it was a typical call and the town only has one officer on at this time. This particular morning the officer was asked to participate in a quick non-scheduled civil standby to allow a citizen to retrieve a few personnel belongings which should have taken 5-10 minutes at most. Unfortunately the call went sour and back-up had to be called in.
Scott stated that the two officers in training are expected to be on duty the first week of December so the shift schedules will be more comprehensive. Charlie asked if there will still be times when there will be one officer on duty once the two officers graduate from the Academy and Scott replied yes, the early morning hours between 6am and will remain covered with one officer. Paula said that the question came up earlier if Scott should be covering the shifts where there is only one officer on duty. Scott replied that he feels comfortable with the schedule as is because the call volume does not require a second person on duty since most of their calls come in after 4pm. Gerry stated that he thought when the Board approved 14 officers for
the department it was to support at least two officers on duty at all time. Scott replied that he remembers the intent was to provide more efficient coverage for the town and also noted that it is not uncommon to call for back-up from another town.
Gerry then questioned why Lt. Willey is dealing with the courts so much when we have a prosecutor. Scott replied that Lt. Willey deals with the juvenile cases as the prosecutor does not deal with these cases.
Paula asked if it is possible if calls come in for civil standby again in the future under these circumstances, for our department to have our own officers on back-up. Scott replied he can certainly look into it but explained that this particular incidence was a rare case. One thing he is looking into is having the officers make a phone call to the other party involved to feel out if there could be potential issues.
- Scott stated that John Radcliffe, the Town Mechanic, has disconnected the ABS system on the current Animal Control Officer vehicle and that will not pass the vehicle for inspection next year. Scott questioned if the other vehicle parked at the garage can be used for the Animal Control Officer. The Board said that this will need to be looked at for the budget cycle so decisions can be made. Scott will ask John to evaluate both vehicles and ask him to provide the Board with a report on both vehicles and their usage value.
- Scott informed the Board that his department was just involved in a large drug seizure and the department should receive drug forfeiture funds for this seizure. Charlie asked what is going on with the other drug forfeiture funds. Scott explained that his department has received $6,800 that is earmarked for the tazer purchase and he does have an officer working on the tazer policy the Board requested. The reason why the Board does not have the policy yet is because he wanted to send one of his officers to tazer training prior to creating the tazer policy. Gerry commented that he recalled the Board requesting more information on the tazers outfitted with a camera. Scott replied that he asked his officer who attended the tazer training about this and he stated that the
tazer training stated the cameras were a waste of money because 90% of the film would be of the ground. The officers are trained to carry the tazers like they carry their weapons and not take them out until they are actually ready to utilize them.
- Charlie asked about the Animal Control Officer position and her work schedule. Scott explained that she works 22 hours a week as the animal control officer and then during the school year she is also the cross walk attendant, those these 10 hours are paid separately through the school.
- Paula informed Scott that the Board would like to create some police policies on downtown policing and the PD vehicles and asked how Scott would like to proceed. Scott replied that he is willing to work with Alan to create the policies if the Board will forward their priorities to him. Alan suggested the Board compile a list of priorities and forward them to Scott. Charlie pointed out that Saturday night he noted two officers on Rte. 11 doing speed detail when there was no one downtown. Scott replied that the two officers on Rte. 11 were being paid separate detail from the State PD and doing speed detail in that area.
- Discussion on Safe Route to School Engineering Qualifications:
Kathy Menici explained that Joel Moulton, Alan and her all reviewed the proposals and they were all in concurrence with their first choice as CMA Engineers; however their second choices differed. Kathy and Alan both agree that Plains would be their second choice though Joel had a different opinion. Kathy commented that CMA Engineers was very specific and thorough with their proposal. At this time the Board should choose their top three firms and then commence with discussions with CMA Engineers. Kathy stated that the cost for engineer oversight was not included in the grant proposal (because they thought Joel could oversee the project) so the Town will be responsible for this cost. Paula stated that she thought this was found after
the grant was awarded and she thought the question was asked of the State if they would include the cost in the grant. Kathy stated that the file is not complete, but she recalls having a discussion with Joel that included the Town was responsible for funding the engineering oversight and he had found the money in his budget to do so. Kathy is checking with Joel for more information and will also contact John Corrigan with the State for more information. Charlie asked if there is a “guesstimate” of what this engineering will cost and Kathy replied that Joel stated it would be about $18,000 to $20,000. Gerry commented that the school was originally involved in the grant process and should be included in the funding of this portion of the project as well.
Gail Ellis motioned to move forward with CMA Engineers as the Town’s first choice for Safe Routes to School grant engineering needs, second choice Norway Plains and third choice JACOBS Engineering, 2nd Gerry McCarthy. Motion carried with all in favor.
- Update on Whittum Conservation Easement:
Dave Connolly, Chairman of the Conservation Commission, came forward to explain that after more careful review of the easement he found section 1.9 satisfies the Conservation Commissions concerns on public access. Joan commented that the concern she has is that there is no “real” public access. Dave replied that the Town has several properties in Town in which public access is allowed with the owner’s permission as it is with this property. Kevin MacEneany, of the Strafford Rivers Conservancy, explained the access to the property and that the back part of the parcel is already being used by the public and if someone is to access the property through this area then permission would not be required. Dave added that
this easement will add to the Commission’s goals to conserve land in this area of town and would support the obtainment of this easement. Charlie asked if this easement will remove the 90 acres from the tax rolls and Mr. Whittum replied that the property is already under Current Use with Public Access so there is not a further reduction available. The total cost will be $24, 522 for this easement survey and the surveyor, Berry Surveying, is willing to proceed on the Town’s payment schedule.
Gerry McCarthy motioned to accept the executory interest in the Whittum Conservation Easement, 2nd Charlie King. Motion carried with all in favor.
At 7:38pm, Joan Funk excused herself from the meeting but noted that she would be in favor of increasing the interim town administrator services from MRI.
- Update on Water Treatment Plant:
A. Bid Award for Phase 2 Construction - Ed Leonard, of Wright-Pierce, provided the Board with a memorandum to provide a status update on the project. He explained that Phase II bids were received and reviewed and all bids were below the estimate; also a quantitative requirement was added to the bid process at the request of the funding source. Belion Construction, Inc. submitted the lowest bid but their experience did not meet the minimum experience required. Also, the second low bidder did not meet these same requirements. The third low bidder was APEX Construction, whose bid came in at $6,726,873 and they met all the requirements of the request. Gerry commented that the memorandum states that Wright-Pierce cannot guarantee
that APEX will perform the work within the bid price in accordance with the Contract Documents. Ed replied that Wright-Pierce will provide the oversight on the project but cannot guarantee that there will not be change orders or that the APEX will follow the contract even though they will be providing oversight.
Jennifer, a principal of Beloin Construction, explained that they were the low bidder and they have been in business in for over 38 years and their current water treatment plant is almost substantially complete. She stated Beloin Construction is more than capable of completing this project and would like the Board to consider interviewing them further so that they can provide further information. Jennifer also stated that the proposals are all so close because they use the same subcontractors. Gail asked how much of the work would be done by subcontractors and Jennifer replied that 97% of the work would be sub-contracted. Jennifer recognized that Beloin Construction has never constructed a wastewater treatment plant but do not feel this
should be a deterrent and they are bonded.
Charlie commented that if the Board considers Beloin Construction they would also have to consider Trumbell-Nelson Construction Co., Inc. for the same reasons in that they were disqualified by Wright-Pierce for lack of substantial completion of more than one wastewater treatment plant. Charlie asked how the requirement for the bidder came about and Ed replied that Rural Development requested the requirement in a letter. Ed further explained that there is a difference in a construction of structures as opposed to a wastewater treatment plant because the permitting, flow requirements and such require more knowledge and experience.
Charlie asked Ed if there have been any issues on timeliness or quality of work with Apex Construction in regards to the project thus far. Ed replied that they have been on schedule and all their work has been up to standard thus far. Alan asked what the potential would be for the low bidders to protest due to the disqualification for lack of experience. Ed replied he has never been involved in any process where a bidder protested the decision of the owner. Gerry commented that experience is worth something and he feels the Board should move forward with Wright-Pierce’s recommendations. Gerry also noted that USDA and Rural Development are both in agreement that the recommendation is consistent with the documents.
Ed explained that in moving the project forward the Board needs to take action on the Phase 2 construction bids, take action on the Operating Budget Summary, Request for Approval to Award the bid and complete the forms for ADA Self-Accessibility for the Municipal Building.
Gerry McCarthy motioned to award the bid for Phase 2 construction to Apex Construction for $6,726,873 based on the recommendation by Wright-Pierce, 2nd Charlie King. Discussion followed where Paula commented that her concern is that some companies may not have put forward a bid because they saw the qualifications and did not meet the experience requirements. Motion carried with all in favor.
B. Review of Operating Budget Summary – Ed Leonard informed the Board that the budget summary is up-to-date; the projected total is $12, 936,000 but this allows for two remaining contingencies. The budget scenario is an increase over what was originally planned for this project but the entire project budget should come under what was discussed at town meeting. Ed then explained that he and Dale created the Operating Budget for the completed plant for the Board’s approval because Rural Development requires this as part of the funding requirements. Gerry asked if the Town will be doubling the sewer user rate to pay for this project and Ed replied yes and that was what was proposed at town meeting.
Charlie asked how the reserve account gets funded and Ed explained that this account is funded with the user fees. Paula asked what a realistic number would be for the reserve account because the Board needs to establish a reasonable and responsible reserve account for the facility. Ed stated that Rural Development is requesting the operating budget so that they know the Town recognizes they need to pay the debt and have a plan to do so. The Board was in agreement that the debt needs to be paid but they would like to work on some of the figures suggested. Ed will confirm with Rural Development that the exact figures on the Operating Budget form are not solid figures and they can reasonably change.
- Contract with MRI for Interim Town Administrator Services:
Alan explained that the Board discussed a few weeks ago increasing the hours for the contract from 24 hours up to 30 hours due to the amount of issues and projects ongoing in Town. Gail asked if Alan looked at the budget to see what is available and Alan replied that there are lines available with $14,574.15 left in the Town Administrator line and others also. Alan explained that this decision is up to the Board and it is just a matter of expectations. Paula stated that she would like to be able to justify the increase with a list of what projects Alan is working on and approximately how much time is spent on each project. Alan explained that the amount of time he spends on projects changes every day and he will move forward however
the Board directs him. Alan will provide the Board with a time schedule of his projects and the Board will review this along with a current budget sheet so they can make an informed decision next week.
Alan explained that Joel Moulton and Doug from NHDOT have been discussing the road swap and came to a verbal agreement. Paula asked if the counter proposal matches the new map and Alan said no, there were some additional changes like where the plowing ends on Old Bay Road because it made more sense. Gerry pointed out that the map does not depict that the Main Street bridge is the NHDOT responsibility. Alan will ask Joel to review the map and get a copy of the verbiage for the proposal to ensure it is what the Town would want.
Alan informed the Board that Bonnie stated this project is a good idea in her opinion and she feels that if the Town does not participate than there will be a large increase in paper transactions. The Board was uncomfortable making a decision to join this project at this time. Gail Ellis motioned to table the town’s participation in the mosaic parcel map project, 2nd Charlie King. Motion carried with all in favor.
- Charlie asked if the contract for the fuel was issued yet and Alan replied that he received it today.
- Alan will be meeting with the DPW staff to create a prioritized work list. Charlie noted that the River Road paving should not be tied to the transfer station paving and Gerry and Paula both noted that they would like to wait a few more weeks to see if the paving can be done in both places at the same time.
- Alan contacted the cleaning service company to three days a week which cut the bill by approximately $100 a week.
- Charlie asked where the Town stands in the contribution rate within the New Hampshire Retirement System (NHRS) in regards to the most recent memo from NHRS.
- Paula asked if the Town has any feedback from the Single Stream Contract and Alan explained that we are still awaiting a response from town counsel in that the Town is covered with the cancellation clause. Alan expects an answer by the end of the week from Walter Mitchell.
At 10:16pm, Gail Ellis motioned to go in non-public under RSA91A.3.II (b), 2nd Charlie King. Roll Call – Paula Proulx (yes), Gail Ellis (yes), Charlie King (yes), and Gerry McCarthy (yes).
At 10:44pm the Board came back into public session and Paula noted the non-public minutes were sealed and a vote was taken to accept the amended 9-13-10 part C minutes.
At 10:45pm, Charlie King motioned to go in non-public under RSA91A.3.II (d), 2nd Gail Ellis. Roll Call – Paula Proulx (yes), Gail Ellis (yes), Charlie King (yes) and Gerry McCarthy (yes).
At 10:54pm the Board came back into public session and Paula noted the non-public minutes were sealed.
Paula signed the employment contract for Joel Moulton that the Board approved.
At 10:57pm, Gail Ellis motioned to adjourn, 2nd Gerry McCarthy. Motion carried with all in favor.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman Paula Proulx Vice-Chairman, Gail Ellis
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Joan A. Funk Gerald McCarthy
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Charlie King
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