Town of Farmington
Board of Selectmen Meeting
Monday, September 14, 2015
Board Members Present:
Paula Proulx, Vice Chairman
Jim Horgan
Jerry McCarthy
Neil Johnson
Board Members Absent:
Charlie King, Chairman
Others Present:
Town Administrator Arthur Capello
Police Chief Jay Drury
Lt. Scott Orlando
Resident Tom DeJulio
1). Call to Order/Pledge of Allegiance:
Vice Chairman Proulx called the meeting to order at 6:05 p.m. All present stood for the Pledge of Allegiance.
2). Review of Minutes:
8/31/15- Public Session:
Motion: (Horgan, second McCarthy) to accept the minutes as written passed 3-0-1 (Johnson abstained). Non-Public Session A:
Motion: (Horgan, second Proulx) to accept the minutes as written passed 3-0-1(Johnson abstained).
Non-Public Session B:
Motion: (Horgan, second Proulx) to amend to read that the motion and the 2nd were withdrawn passed 3-0-1 (Johnson abstained).
Non-Public Session C:
Motion: (Horgan, second McCarthy) to accept the minutes as written passed 3-0-1 (Johnson abstained).
Motion: (Horgan, second Johnson) to unseal the minutes of Non-Public Session C passed 4-0.
Non-Public Session D:
Motion: (Horgan, second McCarthy) to accept the minutes as written passed 3-0-1 (Johnson abstained).
3). Public Comment:
A). Tom DeJulio came before the board to discuss the status of the poles/Christmas lights. He said a state Dept. of Transportation engineer will visit Farmington to view the system on September 23. Discussion included getting the final okay for the project from the DOT Commissioner, if street lights are required on all new poles, $300 to $400 cost per light to remove them from the existing poles, how many wires are needed to drape the system overhead, number of existing street lights and investigate ways to put the poles on town roads or private property and string the Christmas lights seasonally.
Town Administrator Capello noted that the project seems bigger than originally approved at Town Meeting and may not be completed by the Christmas season. He estimated approx. $6,000 to remove the existing street lights, about $40,000 to electrify the new poles and the cost for another company to set the new poles. The project may have to return to voters at the next Town Meeting he said.
Selectmen requested Capello and Public Works Director Dale Sprague to be present at the meeting with the DOT engineer if available. Capello suggested the board wait until after the meeting to make any decisions as a new wiring/pole design may be required and the town is awaiting answers from the state.
3). Budget (Cleaning):
Capello told the board he sent 15 Request for Proposals and received one response from Star Janitorial and Integrated Services to provide cleaning services for the town at a cost of $1,806 monthly. Capello said he will check the company’s references before submitting them as part of the budget process.
Discussion also included waiting for a response from Waste Management, RFP’s for assessing services have gone out, setting a budget number and the dept. heads are working on their budget proposals.
4). Policies/Police Matters:
A). Police Body Cameras- Police Chief Jay Drury said he received the five year contract for the purchase of body camera systems from Taser International. The contract includes five body cameras, a six bay dock, operating software and Cloud storage for a total of $5,426.86. He said he applied for a matching grant for the equipment and if the grant is received, the town’s portion of the cost will be $2,713.43. Additional yearly costs would include $180 per full time officer for licensing ($1,260), maintenance software and Cloud storage ($2,700). The Chief said there is money in his budget for the expenditure and the yearly costs will not cause the budget to be over spent. Discussion included potential to receive a grant for maintenance costs next year, a similar system is used in Milton, the Milton Police Chief will help set up the
system, back up plans in case of a drive failure, possible administrative burden for officers, features and operation of the system, importance of correctly labeling the images and how the units will be worn.
Motion: (Horgan, second Johnson) to allow Chief Drury to sign the contract with Taser International passed 4-0.
The Chief also provided the board with copies of a draft policy regarding the use of Mobile Audio/Visual devices for their review.
B). Panhandling- Chief Drury explained some of the background involved in the development of the policy drawn up and adopted by Concord, NH which has been used as a model by other towns in the state. He said the Concord Deputy Police Chief worked with the city’s legal counsel and invited the American Civil Liberties Union to be part of the policy making, but added that it needs some refining. Discussion included the extent of the problem in Farmington, clarifying language to fine the “approacher”, inclusion of a sunset clause or mechanism to review the policy, collection and review of related data. The board postponed action to give Chairman King an opportunity to address the matter.
C). Minor Motor Vehicle Repairs- Chief Drury told Selectmen he is a proponent of synthetic motor oil and suggested the dept. purchase five gallon drums of the oil and outsource oil changes for Police Dept. vehicles. This would free up the town garage for other work, save money because the cruisers would only need two changes a year and save labor charges by scheduling the oil changes when other maintenance is scheduled he said. Additional discussion included if it is cheaper to have town staff do the changes or to outsource the work, if the oil company warrantee covers police cruisers, storage of the oil drums, if oil change facilities would allow the town to provide the oil/filters and possibly including all town vehicles if this works well for police cruisers. Capello said he would research the costs for town staff and local providers to
do the work and provide the information to the board at their next meeting.
D). Police Dept. Monthly Report-
Cruiser Damaged-Chief Drury reported that a cruiser was damaged when an Officer accidently backed into a metal rod in the ground. The accident resulted in a small hole in the rear bumper and the bumper was pulled off the cruiser. The bumper has been repaired and the officer received a written reprimand for not using due care while operating a cruiser. The Chief suggested the Code Enforcement Officer or the Highway Dept. Director determine if the rods are located in the town’s right-of-way.
Good Citizen Campaign-Selectman Horgan asked if the campaign is continuing. The Chief said program is on-going and was expanded by Officer McNulty who gave out gift cards to kids for wearing helmets while bike riding. He added that there is approx. $600 left to fund the program. Capello noted that the program was started by the Farmington PD and has been adopted by other communities who have failed to give Farmington PD credit for initiating the campaign.
School Resource Officer- Chief Drury said the position has been filled by Officer John Langley. Lt. Orlando said Langley is assigned to the high school and also regularly accesses the other two schools. He is a graduate of Farmington schools and “knows all the corners” Orlando said. Chief Drury added that Officer Langley is approachable and visible at the schools and there has been no negative feedback about him. Lt. Orlando said that this year the officer will also eat with and read to younger students at the schools. Horgan then asked about any bullying problems at the schools and requested information about the impact of the School Resource Officer on the problem. He asked if there is a problem with a lack of support along the chain of command and suggested that if students don’t trust adults in the school system they may come to
trust Officer Langley.
Hay Day-Selectman Johnson asked about the Chief’s recommendation not to use the same fireworks company for next year’s Hay Day celebration. Chief Drury said company personnel and fireworks arrived late, the fireworks show was set off manually instead of electrically as contracted and it cost the town in additional Police and Fire Dept. man hours.
Mutual Aid-Selectman McCarthy asked if mutual aid is provided around the clock. Chief Drury said it is not and explained the officer on duty calls the agency with the officer on call for coverage. He said that many times Farmington officers arrive at the scene before the host town and try to wait for the host town to arrive depending on the situation. McCarthy noted that some towns are saving money by having their officers go home while Farmington is footing the bill for coverage by our officers. He asked the Chief to find out the number of times Farmington officers have been first on the scene if possible and to track this information going forward. Selectman Horgan said there is no bill sent to the host town after the response. Time is money and we should know what this is costing us he said.
E). Social Media Policy Update- Capello reported that the town’s attorney reviewed and approved previous changes made to the policy. Selectman Johnson then questioned the definition of “secure use” in the first sentence of Section A-Purpose. Capello said it refers to communications that go through the town’s server. Johnson suggested the sentence be changed to “approved use”. Selectman Horgan said he had a problem with the inclusion of Paragraph 1 in Section F-Reporting and Discipline. The paragraph states any employee aware of a violation of the policy shall notify his/her supervisor immediately. Horgan said this is asking fellow employees to monitor each other’s behavior and become “tattletales” and added that it shouldn’t be there. Selectman Johnson asked if the policy applies to board members or only to employees.
Capello said committee members are volunteers and are exempt from all town policies. He said he will make the changes to the policy and bring it back to the board for further review.
F). T.A.D. Policy- The board reviewed the Temporary Alternative Duty Policy. Capello said the purpose is to set a timeframe for employees to remain on light duty in the event of a work-related illness/injury. Without a policy, an employee could remain on light duty forever and the town would be unable to hire someone to perform their regular duties Capello said. The policy as presented would not allow any employee to participate in the program for more than four months. Discussion included the appropriate timeframe and whether to allow an extension of the time period for extenuating circumstances. Consensus of the board was to allow an employee to take part in the Temporary Alternative Work Program for up to three months followed by a review of the situation.
Motion: (Horgan, second Johnson) to approve the policy with the suggested changes passed 4-0.
G). Internal Control Policies- Tabled to the next meeting to allow Chairman King to participate.
5). Library Trustees Meeting:
Capello said he received an invitation from the Library Trustees for the Board of Selectmen to attend their next meeting on Sept. 17 at 6 p.m. at the Goodwin Library. Discussion included any instructions for attendees, qualifications for a potential Selectman member of the Trustees and issues of concern.
6). WEX Gas Card System:
Capello told the board that WEX is a free Web based tracking tool that allows a fleet manager to control how gas cards are used, set spending limits and potentially save the town money by locating the best fuel prices. Discussion included fraud controls, monitoring mechanisms, ability to turn off cards, asking the school district to participate in the program, preventing personal use and setting the system up for different fuel types. Capello suggested the system be set up for use by the Police Dept. first to see how it works. Consensus of the board was to move forward with the system on a trial basis.
7). Masons’ Legal Response:
Selectmen decided to discuss the matter in non-public session as it involved a legal issue.
8).Outsourcing Minor Vehicle Repairs:
This item was discussed under agenda item #4.
9). Additional Board Business:
A). Mutual Aid Tracking- Selectman McCarthy requested the Fire Chief provide information about past instances where Farmington FD has been the first to arrive at the scene of a mutual aid call and which communities have around the clock mutual aid if possible. He added that if this information is not available he would like to see the results of tracking this data for one month from now.
B).Comment Forms- Selectmen received F.Y.I. updates on cases Building Inspector Dennis Roseberry and Public Works Director Dale Sprague are following up on as a result of resident complaints about housing code violations and road conditions.
10). Town Administrator’s Report:
A). Public Safety Building- Capello reported receipt of an invoice from Groen Builders for architectural design, site, mechanical and electrical engineering work for the proposed Public Safety Building. He said the payment requires a motion to withdraw funds from the Capital Reserve Fund.
Motion: (Horgan, second Johnson) to authorize withdrawal of $14,735 from the Public Safety Building Capital Reserve Fund to pay the invoice passed 4-0.
B). Town Credit Card- Capello reported that the bank card can’t be used like an ATM card as suggested by Chairman King to avoid late payments/fees on the account. He said the account could be set up to automatically withdraw payment at the end of each month. Capello said the invoices are first reviewed by the Finance Administrator, then by himself and then go to Selectmen for signatures.
Motion: (Horgan, second Johnson) to move forward with the town credit card passed 4-0.
C). Positive Pay- Capello told the board that the town’s insurance company confirmed that the town is protected against fraud and theft so the TD Bank’s Positive Pay Service is not needed. He said a letter was sent to the bank to terminate the service as of 9/14/15.
D). Fowler Restitution Update- Capello reported he is working on the list of documents requested by the insurance company related to the claim for misuse of funds by the former Fire Chief Richard Fowler. He said he is now awaiting a response from the auditors about the cost and what is needed for an audit.
E). Conservation Deed- Capello said Attorney Keriann Roman reviewed and approved the conservation deed to convey the Ronci property on River Road to the Conservation Commission. He said the Conservation Commission has also reviewed and signed the deed and it is ready for Selectmen’s signatures. Selectmen then signed the deed and Capello said he will notarize it.
F). Highway Dept. Openings- Capello said he would like to begin advertising for part-time and on-call snow plow drivers for the upcoming winter season. The positions would pay up to $17 an hour depending on the driver’s qualifications and advertising would begin this week if approved by the board.
Motion: (McCarthy, second Horgan) to approve advertising for the plow driver positions passed 4-0.
G). G.K. Uniforms- Capello said he attempted to negotiate the $848.56 cost for unreturned items with the company and was told no and hung up on. Consensus of the board was to pay the bill and never do business with this company again.
H). New Time sheet Requirements- Capello informed Selectmen that due to the Affordable Care Act, they will also have to begin submitting weekly or monthly time sheets. He said anyone that receives any form of payment from the town is now required to document the duties performed and time spent performing those duties. He said there is no impact on insurance coverage and the information must be provided going forward. He added they must document anything related to their duties as Selectmen including time spent reading, making or receiving phone calls and e-mails.
I). Deer Crossing Signs- Capello said resident Joan Funk requested the town install “Deer Crossing” signs. Vice Chairman Proulx requested he find out who is responsible to install the signs and how many signs would be needed. Capello said he would discuss the matter with Public Works Director Dale Sprague.
J). Potential SAU Move to Municipal Building- Capello said Superintendent Steve Welford walked through the second floor space and determined there are not enough computer/electrical connections to meet the operational needs of his office staff. Selectmen said that these upgrades are part of the planned improvement of the space and that such a move would save taxpayers’ money. Capello said he would contact the Superintendent and discuss the matter.
K). Resignation- Capello announced the resignation of Lt. Mike Nadeau from the Farmington Fire Dept.
Motion: (Proulx, second McCarthy) to accept the resignation of Lt. Mike Nadeau from the Fire Dept. with regret and thanks for his service to the dept. and the town passed 4-0.
11). Next Meeting- The next regularly scheduled meeting is Monday, September 28, 2015.
12). Non-Public Session A:
Motion: (Horgan, second Johnson) to enter non-public session under RSA 91-A: 3 II (d) passed 4-0 by a roll call vote (Proulx, McCarthy, Horgan, Johnson- yes) at 8:15 p.m.
Motion: (Horgan, second Johnson) to come out of non-public session passed 4-0 at 8:30 p.m.
Motion: (Horgan, second McCarthy) to seal the minutes until the negotiations are done passed 4-0.
13). Non-Public Session B:
Motion: (Horgan, second Johnson) to enter non-public session under 91-A: 3 II (a) passed 4-0 by a roll call vote (Proulx, McCarthy, Horgan, Johnson- yes) at 8:30 p.m.
Motion: (Johnson, second Horgan) to come out of non-public session passed 4-0 at 8:43 p.m.
Motion: (Proulx, second Horgan) to seal the minutes for three years passed 4-0.
14). Non-Public Session C:
Motion: (Horgan, second Johnson) to enter non-public session under RSA 91-A: 3 II (c, e) passed 4-0 by a roll call vote (Proulx, Horgan, McCarthy – yes) at 8:44 p.m.
Motion: (Johnson, second Horgan) to come out of non-public session passed 4-0 at 8:55 p.m.
Motion: (Johnson, second Horgan) to seal the minutes for 30 days passed 4-0.
15). Non-Public Session D:
Motion: (Horgan, second McCarthy) to enter non-public session under RSA 91-A: 3 II (e) passed 4-0 by a roll call vote (Proulx, McCarthy, Horgan, Johnson- yes) at 8:55 p.m.
Motion: (Horgan, second Johnson) to come out of non-public session passed 4-0 at 9 p.m.
Motion: (Horgan, second McCarthy) to seal the minutes until the matter is resolved.
16). Non-Public Session E:
Motion: (Horgan, second Johnson) to enter non-public session under RSA 91-A: 3 II (c) passed 4-0 by a roll call vote (Proulx, McCarthy, Horgan, Johnson- yes) at 9 p.m.
Motion: (Horgan, second Johnson) to come out of non-public session passed 4-0 at 9:05 p.m.
Motion: (Johnson, second Horgan) to seal the minutes until the next regular meeting passed 3-1 (McCarthy opposed).
17). Adjournment:
Motion: (Horgan, second Johnson) to adjourn the meeting passed 4-0 at 9:05 p.m.
Respectively submitted
Kathleen Magoon
Recording Secretary
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Charlie King Paula Proulx
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Neil Johnson James Horgan
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Gerry McCArthy
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