FARMINGTON BOARD OF SELECTMEN’S
MEETING MINUTES
APRIL 14, 2003
(Public Session)
Attendance: Chairman Joan Funk, Gerald McCarthy, David Hall, Matthew Scruton & Barry Elliott
Staff: Ernest M. Creveling, Town Administrator, Dale Sprague, Director of Public Works, Police Chief
Scott Roberge, Parks & Recreation Director Kerry Mucher & Health Officer & Emerg.Mgemt.
Director Deborah Lee
The meeting convened and was called to order at 6:00 p.m. by Chairman Funk.
Minutes
Joan said the first minutes slated for approval are the public session minutes from March 24, 2003. Gerry noted on the last page in the motion to rename the Cable Franchise Negotiations Team, the names and re-appointment of the members should be listed: Edward Mullen, Paul Turner and Jim Taylor. Gerald McCarthy made a motion to approve the March 24, 2003 public session meeting minutes, as amended. Joan Funk seconded the motion and the vote was unanimous.
David said a correction was needed in the March 24, 2003 non-public session minutes on the last page regarding the role call vote to exit non-public session. He noted that Matt’s vote was listed twice instead of noting David’s “yes” vote. David Hall made a motion to approve the March 24, 2003 non-public session meeting minutes, as amended. Joan Funk seconded the motion and the vote was unanimous.
Presentation by Health Officer & Emerg.Mgemt.Director
Deb Lee came before the Board, providing a packet of information. She said this evening she wanted to give the Selectmen an overview of what she has been working on. Deb said this week, to date, the Smallpox Inoculation Response Plan is almost complete. She said from the initial notes, the Town now has several pages of a comprehensive response plan, which is better than any plan in NH, including Exeter and Manchester. Deb said the city of Rochester will be the home of the inoculation site, but it has not yet been defined as to where. She said many hours have been spent on this, but finally it is all coming together. Deb said Farmington’s plan couldn’t be fine-tuned until Rochester’s is complete, but to date, Farmington is in essence ready in the event of such a need.
Then Deb said she’s been invited to participate in applying for a $75,000 federal grant for bio-terrorism and emergency preparedness, noting applicants must include, as part of the grant requirement, at least four different communities. She said working alongside in the application for this grant are the towns of Middleton, Milton, New Durham, Strafford and Rochester. Deb said all participants have been working diligently on this grant application for the last two weeks now. She said tonight she is seeking, on behalf of the grant applicants, a letter of support from the Board of Selectmen, stating that they see this as a worthwhile effort. Deb said the participants have been meeting weekly. Ernie chimed in to say the different communities participating in the writing of the grant application
have all taken different pieces of the grant, noting the initial thrust of the grant has now changed. He said it’s kind of a “back door approach”, but the federal government wants to see a cohesive effort to deliver services and assess the needs of all the applying communities. Ernie said a total of five grants would be awarded statewide, noting this application seems to be a beneficial effort. Deb then explained how Frisbie Memorial Hospital is “on board” with the other towns, so this gives the application a much better chance of being awarded. Joan said it sounds good to her. Deb said in order for timely submission of the grant, she would need this letter of support from the Board of Selectmen by 5:00 p.m. on Tues., April 22, 2003. Joan then asked when the smallpox inoculation plan would be available and Deb said she could copy what has been drafted thus far, if Joan would like, noting the eventual plan is for a
tri-fold pamphlet of sorts.
Ernie said the Police Chief Scott Roberge, Fire Chief Ky Goslin & Highway Supervisor Clark Hackett have all helped to establish this plan and it’s rally points. Resident in attendance, Elaine Aylard asked if the smallpox shots would be mandatory and Deb said no. She said eventually they would be available at doctor’s offices and in the event of an emergency, if someone chooses not to be inoculated, they would be required to sign a waiver. Joan thanked Deb for her presentation.
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Old Business
Joan asked about the West Milton Road Bridge and Ernie said he had no further information other than the bridge is still scheduled to be paved this summer. He said he had nothing further regarding the intersection of Rte #11 & 153 either, but he is awaiting information from the State.
Ernie said concerning the progress with the implementation of E911 however, he could provide some updated information. He said the Selectmen should have received a copy of the draft ordinance for the naming and numbering of public and private streets. He said the appointment of an E 911 Commission is still necessary. Ernie said he’s received suggestions from employees and citizens and from the State. He said in order to place E 911 into implemental operation, an ordinance must be in place in order to change street names, etc. Discussion ensued. Ernie said hopefully a few people would come forth with their interest to serve on an E 911 Commission. Ernie asked for the Board’s sentiments to the formation of a Commission. Gerry asked if the actual commission would be
renaming the streets and Ernie said no, the final say would remain with the Board of Selectmen. Barry asked if the Commission should have input to this document. Ernie said yes. David asked if Brad Anderson might be interested in working on the Commission. Ernie said he’s not sure, but added that Brad had helped with the geographic mapping and was paid by the Town for this service and perhaps should remain in this capacity versus serving on the Commission. Ernie said tonight’s discussion and draft ordinance are merely informational for the Board.
Gerry asked if the State is still working on the project and Ernie said yes, daily for the last two to three weeks. Elaine Aylard asked if those particular roads in Town, with multiple road names/references, would be given one name only and Ernie said yes, as well as the appropriate renumbering. Ernie said by the end of summer the State should be complete, so the Town really needs to move forward with the adoption of an ordinance and the establishment of an E 911 Commission.
Landfill
Ernie passed out some information regarding the tour of the Casella waste facility in Bethlehem, NH, taken last week. He said he, Dale Sprague and Selectman Elliott had the opportunity to meet Bethlehem Selectman Lon Weston as well as Bethlehem ZBA member. He said he’s not prepared to discuss this tonight, but would be happy to talk further about it at another workshop.
Dale presented some materials for review by the Board, which he said was merely for their information. Barry asked if Farmington is anywhere near the time it could form a committee regarding the exploration of options for the landfill or do the Selectman need to wait until all the information is “on the table?” Joan asked Ernie at what point this could happen and Ernie said the Selectmen need to review the report and decide their own comfort level with the proposal, as well as considering other options. He said other workshops are definitely needed. He said the issue of pre-emption is definitely an issue and since the State has a plan already in place regarding landfill closures, community laws are pre-empted. Joan asked if anyone has “tested” this and Ernie said yes,
the Town of Bethlehem is currently “testing” pre-emption. Dale said he has contacted GEO Insight and set up a meeting to touch base regarding liability to Farmington if it chooses to set up its own landfill plans. He said he agreed with Ernie that more workshops are definitely needed, adding the engineers can help with this process; providing very necessary information.
Gerry said his feelings regarding Casella are negative. He said the Town already has a plan in place and if his fellow Board members feel the same, then maybe they should opt not to consider Casella’s proposal. Gerald McCarthy made a motion not to consider Casella’s proposal to handle solid waste in the Town of Farmington. David Hall seconded the motion. Discussion ensued. Gerry said he doesn’t feel it’s in the Towns’ best interest to proceed with Casella. Barry said he made the trip to Bethlehem and had the opportunity to see both sides of the case. He said it is a very interesting one and he believes Bethlehem’s project is faulty on both sides and it’s not fair to use them as a basis for comparison. He said the
biggest discussion was predicated on all Casella’s litigation and it really wasn’t informative, but he said he’s hesitant. Dale said he agrees with Barry that Bethlehem is a bad example, but his recommendation is not to do away with Casella’s proposal. He said their proposal still has merit and the Selectmen need to explore this further, look at other examples (in his opinion). Barry said in researching this thus far, he has found it has led the Board of Selectmen to open their minds, due to having gained so much more knowledge on the subject. Matt said he agrees with Dale, that there is a lot of benefit to Casella’s proposal
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and the Selectmen owe it to the taxpayers to delve further into it and in the end bring it before the voters of Farmington. Gerry said from his point of view, the only positive aspect is the revenue and that there is nothing else positive about it. Gerry said he feels there are other alternatives to explore. Joan said she agrees with Dale and Matt.
Resident in attendance and ZBA Chairman, Paul Parker said he feels Casella’s proposal is a bad idea and the company has a terrible record of litigation and not in the best interest of Farmington. Janet Kalar said if Farmington wanted to put this landfill out somewhere far away, she wouldn’t object, asking Matt if he’d like to have this type of operation next to his home. She said there are 130 residents living near the current landfill. Matt said he’s not for or against this idea, saying he considers this merely an option to be explored. Joan agreed that all material/options must be reviewed in order to make an educated decision. She then asked Gerry if he would amend his motion to enable further exploration. The Board unanimously agreed to table this until further
explored.
Public Comment
Foster’s reporter, Matt Lumm asked if the Board of Selectmen would be meeting with GEO Insight to discuss the viability of the Town expanding its current landfill and Dale said yes, but that they would need to look at not only the pluses, but the minuses as well. Janet Kalar asked if the next workshop would be publicly posted and Joan said yes. Janet then asked Ernie if she could have a copy of his summary from the trip to Bethlehem and Joan said yes. Janet’s last question was if the final decision falls to the Board of Selectmen or to vote at Town Meeting and Joan said Town vote. Elaine Aylard said she too agrees with Gerry, wondering what would happen to the pay-per-bag program revenue and the Board said it would need to be determined. Joan said she’s sure the money would
go toward the landfill, no matter what the final decision.
Another resident in attendance, Margaret Russell asked about the Town’s website, wondering why it hasn’t been updated and Ernie said he hasn’t had a lot of time, working on the site is very time consuming, but Fridays are usually when he performs the updates. Ernie said minutes are available at the Town offices and due to the small staff and time constraints, updating of the website has been problematic. He then briefly explained how involved the update process is.
Farmington resident, Gibson Hearn came before the Selectmen. He said he lives on Reservoir Road and has with him this evening a petition from residents of the road, demanding the road be permanently repaired. He said the culvert by his home has been blocked and water is coming onto his property, noting the drainage isn’t properly managed and water has been going into his garage and his basement. Mr. Hearn said he spends most of his free time diverting water from his property. Barry asked Clark if this road is on “the hit list” for the Town roads to be worked on. Gerry asked if Mr. Hearn if he had removed any culverts from this area and Mr. Hearn replied yes, because they were blocked. Mr. Hearn then said when he moved into his house, a birm was in place for the
diversion of water and this birm no longer exists. Ed Mullen said he too lives on Reservoir Road and some sort of ditching does need to be installed and the road should be crowned. He said the Highway dept. seems to be there all the time working on the problem and wasting the Town’s money. Clark said he spoke with Ms. Hearn and has learned their property marker is 12’ back from the road and to ditch the area would require the removal of some large trees and a portion of the stonewall. He said this road has also been made a scenic road, so performing major work would take “an act of Congress”. Joan asked Ernie if he would view the situation with the Board. Mr. Hearn said this would be great and that he and his wife wouldn’t be opposed to removal of the stonewall. Ed Mullen said fixing the road might not be the total solution to Mr. Hearn’s problem, since the area is so wet anyway. He said he doesn’t have a foundation under his home, for that very reason.
Mr. Mullen then came before the Board of Selectmen regarding cable access. He said on behalf of the Cable Franchise Oversight Committee he has researched public access television quite comprehensively. He said it’s been rejected due to first amendment rights. He explained how if Farmington was approached for programming to be found vulgar or offensive, the Town could be open to much liability. He went on say a public access channel would require staffing too. Ed said every cable subscriber would have access to a public access channel (#26) and the legislative body of Farmington would have to determine what’s to be viewed. He said the next problem would be what policies the Board would have to adopt. He said Channel #26 would be shared with the city of Rochester.
Farmington would have to be aware of their policies and procedures too and he said, in reviewing Wallingford, CT’s policies and procedures, it was the most comprehensive. Ed said he’s also included in the handout this evening, a sample schedule of
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Wallingford’s “TV Guide”. Joan wondered if there would be a difference in the fee, if the event were taped versus live and Ed said there is no fee schedule whatsoever. He said the only fee would be to purchase a taped version. Ed said Channel 12 would continue to belong to Farmington for the televising of special events. He then suggested the Selectmen take a good, long hard look at the information he has provided this evening. He said he sees no reason why Farmington should consider having a public access channel. He said he’d be happy to discuss this at a later time after the Board of Selectmen have had the opportunity to digest the information. David asked about the authorization to expend the needed $6,000. Gerald McCarthy made a motion to
strictly utilize only a government access channel. Joan Funk seconded the motion and the vote was unanimous.
Mr. Mullen said the next issue he needed to discuss with the Board is the cost for the camera equipment to televise events. He said in reviewing the table he provided the Selectmen with, everyone will note a dark line. He said the equipment above the dark line, Metrocast Cablevision will provide to the Town at no charge. He said viewing would only be live and would only be taped for broadcast at a later date, if the Board so desired. Ed went on to say if the Selectmen desire to broadcast live and/or pan the audience and the Board, they would have to consider the purchase of additional equipment at a cost of $5,779.00. He said if the Selectmen choose to broadcast live, then Farmington will have to spend an additional $5,000-$6,000. Gerry asked him if there is no additional expenditure,
would the agreement still allow for the taping of meetings and Ed said yes. Gerry then wondered how much it would be to pay someone to film the meeting(s) live and edit them. Ed said he’s looking for volunteers such as students from the high school, who could gain valuable knowledge and experience for future employment. Barry asked for clarification on the initial $10,000 of equipment and Ed said the Town has been given a grant of $10,000 from Metrocast and only if they desire to broadcast live will the Town have to spend an additional $5,000. Barry then asked if the cameras would be movable and Ed said yes. Gerry asked if this is something pressing, which the Board of Selectmen need to make a decision on immediately and Ed said it depends upon how soon they want to broadcast their meetings. Gerry said perhaps monies from a trust fund could be used for this extra cost, noting he feels it’s worthwhile expenditure. Student
Selectman Greg Chick said he thinks this would be great for the school, especially with the recent program cuts. Ed said the system would include a bulletin board on which all government activities could be posted, as well as non-profit organization’s activities, if the Board decides to permit it. Joan asked if a motion/vote is needed from the Board in order to purchase the additional equipment, utilizing trust fund monies and Ernie said no.
The next issue Ed Mullen wanted to bring before the Selectmen concerned the Mad River over by St. Peter’s Church and the Gaudette’s property. He said years ago the riverbank was part of an engineering project to channelize the stream. He said many years ago a storm tore out a number of stones, which in turn caused destruction of the river habitat. Ed said annually the river is stocked with trout and salmon. He said the second problem is that the church parking lot is falling into the river (although he’s aware this is not a Town problem). He said as a member of the Cocheco Watershed Coalition and in an effort along with many other entities, he and others have met with the Town’s Director of DPW, and Selectman Gerry McCarthy to help determine just how to protect the
shoreline and the river. He said many outside organizations are willing to provide funding, but a cooperative donation is needed. Ed said he is asking the Town of Farmington to provide no cash, only “in kind” contributions for: gravel, the use of a loader and perhaps some labor. He said the federal organizations assisting with this project do not want to proceed without this type of commitment from the Town. Joan asked how much gravel is needed and Ed said this is the “catch 22”. The State will not proceed without the promise of Town contribution. Clark asked what the gravel is to be used for and Dale explained that it would be to back up the rock for placement behind the rip rap to provide resistance. Ernie asked if a match in contribution is required and Ed said the federal government wants a 25% match and the other agencies want a 50% match. David asked if the loader would work or would an excavator
been needed and Dale said an excavator would be needed and since Farmington doesn’t have one, Dale could provide the men to run the equipment and perhaps could obtain the loan of an excavator from a local contractor. Joan then wondered if the Board had ever been addressed about this before and Ernie said no. Ernie asked Ed if there is a deadline for the Town to make this commitment and Ed said the materials would be needed late this fall or by the fall of 2004. Ed said the federal government, the DES and the Piscataqua would all help to fund this project, but not without Farmington’s commitment. Ernie asked if Dale has a “gut feeling” of the level of effort and Dale said it
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would probably take 3-4 days, a couple of truck, a few operators and a few truckloads of materials. Ernie said the Town could provide a conditional commitment. Joan asked if the Selectmen could have more time to discuss this further with Ernie and Ed said yes. Dale said the riprap and the labor would be the most cost intensive. Ed said the quality of the river is in jeopardy and the amount of impervious area is now well beyond acceptable levels. Gerry said if the Corps of Engineers built this, then why aren’t they responsible and Ed said in investigating this he was given the distinct impression that it wouldn’t be a good idea, perhaps even futile and could “open a can of worms”, particularly since the Town hasn’t maintained the area. Matt then asked if
Dale could provide the cost to remove the old unused water main. Ernie said a conditional letter of commitment could post a monetary limit, not to exceed a particular amount. Barry asked if the church is contributing and Ed said the church would provide “in kind” assistance. Barry said a lot of the problem is due to the church parking lot. Kerry said in defense of the church, the Town does utilize their parking lot for Fernald Park events too. Joan asked Dale to work up the cost for labor and materials to remove the water main Joan said this issue could be tabled until further information is received. Ed said just remember funding on a calendar basis.
Kerry said the first sheet she’s passed out is for use of interest monies from Leon Hayes Trust Fund. She said May 3rd is the date of the ball and live music would be available. Kerry said she had first thought to have a family ball, then she thought a senior ball would be nice and then finally she felt it would be best to have a ball for everyone and call it “Celebration under the Stars”. She said she has already sold 102 tickets, noting they are actually free, but she is seeking a $3.00 donation to be used toward door prize gifts. Kerry said it is her hope, due to the cost for decorations, that they can be reused. Gerry asked why he hadn’t heard about the ball and why Kerry sold 20 tickets to one business in Town, wondering where they are going and will
they be only be for Farmington residents. David wondered if the donations could be used toward the purchase of a new stage curtain and Kerry said it was a very good idea. She said the total cost for the party, utilizing Trust Funds’ interest would be $7,500. Barry asked what band would be playing and Kerry said a band by the name of “The Visitors” and they play music from the 1940’s through to current music. Barry Elliot made a motion to request the withdrawal of $7,500 from the Leon Hayes Trust Fund interest for the “Celebration Under the Stars” ball. Joan Funk seconded the motion and the vote was unanimous.
The next issue Kerry brought before the Board of Selectmen is facilities use. She said she went to a workshop sponsored by Primex, which was very informative. She said the previous Selectmen adopted a policy with help from Primex guidelines, but she now needs criteria for when a certificate of insurance is actually needed. She said she knows this is a lot for the Board to have to consider in one evening, so they will need to discuss this further at a later time. Kerry said for example, Alcoholics Anonymous is an organization with very little liability, but a church youth group would have a higher risk. Ernie said he believes with the current guidelines that a decision pertaining to whether or not a certificate of insurance is necessary, could be handled by Kerry or himself. He said the
Selectmen can “grandfather” certain activities, previously held in the Town Hall, prior to the adoption of the facilities use application form and guidelines. Kerry said requests for bridal showers and weddings in the Town park; these are activities, which should require a certificate of insurance. She said she wouldn’t sign any facilities use application that she isn’t comfortable with and would then in turn forward an application in question to Ernie.
The Board adjourned for five minutes. The Selectmen reconvened at 8:22 p.m.
Then Ernie introduced Michael Del Sesto, owner of Hayden Hillsgrove Stone Masonry and informed the Board that Mr. Del Sesto is purchasing a lot at Commerce Park in Farmington. He said Mr. Del Sesto needs to excavate a great deal of material from his lot and will require fill material. Ernie said Mr. Del Sesto is looking to purchase fill, up to 2,500 cubic yards, from the Sarah Greenfield Business Park (SGBP) and is willing to pay $1.00 per yard or will donate up to $3,500 for “in kind” service, after having heard tonight about the need to work on the riverbank. Mr. Del Sesto said he wants to work cooperatively with the Town as a new business owner in Farmington. Joan asked Dale if the SGBP has this amount of material available and Dale said yes, there is more than enough material to meet Mr.
Del Sesto’s needs. Mr. Del Sesto said he knows and apologizes that his request is last minute. Ernie said there are more objectives regarding the best interest of the Town of Farmington and concerning the lots at the SGBP. He said a decision might be too early for tonight. Barry said if the lots in the SGBP are still available and this is such a small amount of material, then perhaps the Board should wrap up their consideration of this tonight. Joan then asked if the lots at the SGBP are more saleable if the material is already excavated and Ernie said,
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“Yes, by all means!” He said setting precedent in the sale of material is a consideration too and as long as the material removal is within the plats of the of subdivision lot lines. Barry said if the Board could come
to terms, agreeing the maximum amount of material to be removed would be 2,500 cubic yards and since the owner is willing to have donated $3,500 of “in kind” service, then perhaps the cost per cubic yard could be determined to be $1.50. Mr. Del Sesto said he has 19 employees, access to the necessary materials and available labor and is willing to work with the community, if the Board so desires.
Clark wondered if the removal of material would be monitored, since the Town doesn’t have a scale to measure and track. Barry said the trucking slips could be turned into the Town Hall daily. Mr. Del Sesto said the contractor who would be removing the material is the same one that removed the material from …..
Barry Elliott made a motion to allow Hayden Hillsgrove Stone Masonry, Inc. to excavate and purchase the amount of and not to exceed 2,500 cubic yards of fill material from the Sarah Greenfield Business Park and to charge them $1.50 per cubic yard for such material. David Hall seconded the motion and the vote was: Matt-yes, David-yes, Barry-yes & Joan-yes, Gerry-no. The motion passed with four in favor and one opposed.
Matt Scruton motioned to enter non-public session pursuant to NH RSA 91-A:3 (2b). Joan Funk seconded the motion and the vote was unanimous.
David Hall motioned to exit non-public session. Joan Funk seconded the motion and the vote was unanimous.
Dale came before the Selectmen regarding spill prevention. He said Wright-Pierce had the cheapest proposal and they will outline boilerplate language, which should suffice for the State and then will ask for an extension for the Town. Dale said the particular engineer for this company has designed many plans for this type of project and is very familiar with what is needed. Joan Funk made a motion to authorize the Town Administrator, Ernest Creveling to sign the contract with Wright-Pierce. David Hall seconded the motion and the vote was unanimous.
Dale then approached the Board regarding the old burned wood chipper at the landfill. He said he has contacted the owner, who in turn has said his insurance company is handling the situation, yet nothing has been done to remove the wood chipper from Town property. The Selectmen recommended Dale send a certified letter to the owner, advising him of a time limit, before proceeding with the removal of the chipper.
Ernie told the Board the Farmington Economic Development Commission is inviting them to attend their next meeting on Wed., May 14, 2003 with the thought being the Selectmen could then officially appoint the members. Matt asked if it’s easier for the members to meet in the morning versus in the evening and Ernie said yes, morning meetings have been their preference. Joan, Barry and Gerry committed to attend their next meeting.
Ernie said tonight the Selectmen need to sign the MS-, statement of the basic financials for the Town and which, upon their signing, will in turn be forwarded to the State.
Then Ernie told the Board of Selectmen the Board of Directors for the Farmington Child Care Center is looking for Selectman’s representation at their meetings, saying Chris Turner of Voith Paper Technologies has written to both him and to Joan in this regard. Joan asked Ernie to respond to Chris Turner for both of them.
Ernie then said he has a draft RFP for legal services, which is similar to the one issued previously. He said basically it asks a firm to provide package pricing for the year for base level services. Ernie said the only thing that’s changed is, it would cost extra if the cases go to Superior Court or if anything over two cases for District Court occur. Joan asked how the RFP would be published and Ernie said it would be posted in the Foster’s Daily Democrat, the Portsmouth Herald, the Town’s website and then sent to some select law firms. Ernie said the firm of Devine, Millimet & Branch, of course would be asked to bid, an RFP would be sent to Emmanuel Krasner, Esq., noting the Town has never received a response from local firms out of Dover or Rochester or another firm
practicing municipal law in Hampton. Gerry said he’d like to see a lot of choices in response to the proposal. Ernie asked the Board if they had any suggestions for the RFP. None were given.
Barry said he’s heard about Town employees not returning phone calls. Ernie explained he has counseled one employee, in particular, that he has received repeated complaints about not returning calls. Barry then asked about grant monies available for downtown revitalization.
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Gerry asked about the Fire Dept. rental hall account and said he wants to see this account, since the funds are from the use of a Town building, noting he also wants to see the Police Dept. DARE account too and their receipts and expenditures.
Ernie said he sent out a memo to all department heads and to the Board of Selectmen, highlighting the goals and objectives for this year. He said no department head has added anything, but the Selectmen should plan to meet with them to establish goals and timelines for their projects. He said the dept. heads all agreed his memo covered all issues, which currently need to be addressed.
Ernie said the Board also needs to decide what they want to see on the agenda for future meetings.
Matt Scruton motioned to appoint Joel Chagnon and Pat LeClair as the new Trustees of the Trust Funds. Joan Funk seconded the motion. The vote was unanimous.
Respectfully submitted,
Lynn C. Seaboyer
Admin. Asst.
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