FARMINGTON BOARD OF SELECTMEN’S
MEETING MINUTES
MAY 12, 2003
(Public Session)
Attendance: Chairman Joan Funk, Matthew Scruton, Gerald McCarthy, David Hall & Barry Elliott
Staff: Ernest M. Creveling, Town Administrator, Dale Sprague, Director of Water & Waste Mgemt.,
Chief of Police Scott Roberge, Fire Chief Randall (Ky) Goslin, CEO Paul Charron & Highway
Supervisor Clark Hackett
The meeting convened and was called to order by Chairman Funk at 6:00 p.m.
Minutes
David Hall said a correction was needed on the April 28th minutes, noting the ninth line and the word “see” which should be “serve”. He said it appears as though the word was just misspelled or not spelled completely. Joan Funk motioned to accept the April 28th, 2003 minutes, as amended. David Hall seconded the motion and the vote was unanimous. Joan Funk motioned to accept the non-public session minutes from April 28, 2003. David Hall seconded the motion and the vote was unanimous.
Tribute
Chairman Funk took a moment to pay tribute to former resident, Planning Board member and Selectman D. Chris Kenyon. She highlighted his years of dedicated service to the Town and said the Board wishes to dedicate this year’s Town Report to Mr. Kenyon.
Public Comment
Jane Wingate spoke to Selectmen Elliott regarding the minutes from the April 28th meeting, quoting his reasons behind not supporting the Planning Board appointment of Brad Anderson. She then referenced prior ZBA and Planning Board issues. Barry said he was not familiar with the details to which Jane was referring to, noting Jane was obviously prepared to address this matter this evening and he wasn’t. Jane then asked for specific instances when Brad had been problematic. Barry said he often witnessed Brad with the CEO, holding up progress on issues. Jane again asked for specific instances. Chairman Funk said public comment is the opportunity to speak, not to debate. Another resident asked why the Board would make a decision based upon generalizations and heresay. He said Brad doesn’t work for the Town for pay, he does it out of concern for the Town of Farmington. Paula Proulx asked Barry where he sees Farmington ten years from now, wondering what he is looking for. Barry
said he wants to see a more prosperous downtown and a wider tax base. He said currently Farmington cannot bear growth with simply residences and feels the Town needs to be pro-active, selling the Town to businesses and industry. He said the downtown needs upgrading. Another resident said if there are more houses, it means more children and more of a burden on the education system, for which the Town doesn’t have enough money. John Wingate said he hasn’t seen Joan at Planning Board meetings, wondering why she would decide against the appointment of Brad Anderson. She said she heard information regarding Brad that aided in her decision. John then asked why Donald MacVane would be appointed to the Planning Board if he didn’t show up for the applicant interview. Joan said she has worked with him in the past (for 4 years) and felt he was a good candidate.
Appointments to Boards & Commissions
The Selectmen received two letters of resignation; one from Norman Russell of the Planning Board, effective immediately and one from Ed Mullen of the Conservation Commission, effective immediately. Gerry asked if those who resign could perhaps participate in an exit interview to provide their reasons for their resignation. Gerry said he would like to see the Selectmen ask these two members if they would attend the next Selectmen’s meeting. Matt said the letters can actually serve as the reason, but did agree that interviews could be helpful/insightful.
Old Business Updates
West Milton Road Bridge
Clark came before the Board to say the last time he met with the Selectmen they asked about the bridge progress. He said Bayview Construction has completed the bridge and it is now graveled, crowned and paved. He said there is approximately $330 remaining, which could be applied toward the signage needed for the bridge site.
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Unpaved Road Maintenance Proposal
Clark reviewed his proposal with the Selectmen. He said he would like to walk the problem areas of some of the dirt roads in Town with a logger regarding tree removal, which will be necessary in order to address some of the road issues. Ernie said to back up a little, earlier this spring road problems had reached serious proportions. He said Ten Rod Road resident, Mr. Lee Russell took him on the bumpiest ride of his life and with further review, both he and the Highway Supervisor have realized that most warm weather months are spent prepping the roads which are to be repaved. Clark said he has come up with an option to divert some budgeted funds in order to be able to address the problems currently facing the dirt roads. He said in talking with Ernie and looking at last year’s
expenditure on calcium chloride and the sand/seal, Clark said he could do the same 12 miles of road at a savings of over $ 16,000. Joan wondered at what expense to the roads this savings would be. Clark said the work he’s proposing would be a little more labor intensive, but the difference between using calcium chloride flakes (proposing use of) and a sprayed liquid application (currently done) means the concentration of calcium would be higher using flakes than spraying liquid and should be even more effective as dust reduction. He said regarding the sand/seal process, he proposes to eliminate this process for this year, which would then allow for the rental of an excavator and the ability to hire temporary summer help (one man). Clark said if the Board adopts his proposal, it would also allow for the additional rental of equipment. He then spoke about the work needed on Sheepboro Road, noting a large portion of the road frontage is owned by
Manny Krasner and he and his wife are amenable to the removal of some trees to permit road improvements as long as they can have the wood for firewood. Clark said regarding the work to Reservoir Road by the Hearn property, he recommends the Hearns bear the price for a new culvert since Mr. Hearn removed the original one without permission.
Clark said he bid out the road paving for the year and has received two bid proposals, one from Pike Industries for $107,592.35 and one from GMI for $ 110,688.28. He said $108,000 is the budgeted price. He asked for the Board’s permission to contract the lowest bidder and have them proceed. Joan asked if Clark is happy with Pike’s work and Clark said yes, until last fall. He said he had some issues with certain areas, but he is working with Pike to repair/correct them.
Mr. Lee Russell asked about the calcium chloride treatment, wondering if it pays to lay the flakes prior to the road rework. Clark said they would be working predominantly on the road’s edges and he doesn’t feel it would be a problem. Mr. Russell reiterated his sentiments that ditch work would still disturb the calcium chloride treatments. Barry said if Clark would be using the flakes versus the liquid application, then the Town could actually set their own schedule for the application versus having to schedule an outside contractor for the liquid spray application. He said this would provide some flexibility in the timing of the two projects. Matt asked Clark about his recommendation in Option # 3 of his proposal. Clark said in saving approximately $ 33,857, the
excavator rental would cost $18,000 of the savings, then the hiring of temporary help would absorb some of the remaining savings. He said with what’s left, he would be able to purchase processed gravel, crushed stone and culverts. He said in offering the logger the wood, it is his hope there will be no cost for the removal of the trees. Matt wondered if there will be enough wood to make it worth the logger’s time and Clark said there would be plenty of wood. Joan said it appeared this would be “more bang for the buck.” Brad said he lives out this way and knows there have been problems in the past when the highway crew does improvements, using too heavy a hand. He asked that this year the crew take care and consideration. He then quoted information from the New Hampshire Municipal Assoc. (NHMA) regarding road upgrades. He said road upgrades cause more traffic and roads should only be built to the minimum level,
noting that widening and straightening them, clearly only make problems worse. He said the Master Plan points out the community’s desire to save as many trees by the roadside as possible too. Brad said as roads get wider and wider, it disrupts more and more trees. Debate then ensued regarding the number of trees a logger would cut/remove. Clark said he would only request the removal of trees, which are absolutely necessary to enable the installation of ditches. Clark said the diversion of water is desparately needed in many areas too. Brad said he understands the need for road improvements, but asks that the working crew use an “easy hand.” Matt said the people on the west side of Town pay a lot of taxes and they too deserve better, more drivable, wider and safer roads. David Hall motioned to accept the unpaved road proposal from Highway Supervisor, Clark Hackett. David asked Clark if he would be
overseeing the work to be done and Clark said yes, at least three times a day he would be on site. Matthew Scruton seconded the motion. Gerry agreed the roads need work, but agrees with those folks present tonight that would like to see the roads remain small, country roads. Barry said he’d like to see a proposal spelling out in detail,
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the amounts of material needed. in order to “get a feel” of what the $11,000 in gravel, culverts, etc. will be. He said he’d also like to know exactly where the roadwork planned is located. He said he wants all the assurances the issues would be addressed as well as all the costs considered. The vote was unanimous.
Joan Funk motioned to accept the paving bid of $107,592 from Pike Industries. Barry Elliott seconded the motion and the vote unanimous.
New Trust Fund-Beulah Thayer Trust Fund
Farmington Attorney Emmanuel Krasner came before the Board of Selectmen to discuss the new Trust Fund for the Town from resident, Beulah Thayer. Manny said the JE Thayer Trust has already been in place for some time now. Now, Beulah would like to set up her trust to accept donations. $25,000 has been paid to the Trustees of the Trust Funds to proceed with setting up the account to handle the funds. The interest accrued is all that would be available to spend annually. If in any given year the income is not spent it can be rolled over. Gerald McCarthy motioned to accept the gift of the Beulah Thayer Trust Fund. Matthew Scruton seconded the motion and the vote was unanimous.
Renovations to the Municipal Office Steps
Ernie said the architect’s (Art Guadano) proposal/estimate he found to be very pricey. Ernie said he is going to explore other less expensive alternatives.
Equipment to Live Broadcast Meetings
Ed Mullen came before the Selectmen to say an additional expenditure of $6,000 for the live broadcast of local meetings is really an important consideration for the Board. He said this purchase makes sense, in order to prevent only being able to teleplay meetings “after the fact.” Gerry said his understanding is the extra money needed is for live broadcast at remote off-site locations. Ed said no, this is not the case and if the Board wishes to live broadcast simple Selectmen’s meetings, the extra $6,000 of special equipment would be necessary. Ernie said an extra $2,500 would have been needed anyway, above and beyond Metrocast’s grant of $10,000 in order to tape and televise the meetings. Discussion ensued. Gerald McCarthy made a motion to raise and
appropriate $6,000 for the purchase of additional special live broadcast televising equipment. Joan Funk seconded the motion. Ernie said $1,200 can be obtained from the Trust Fund and the remainder can come from the health insurance budget line, which is considerably under spent due to employee shortages. The vote was unanimous.
Police Dept. Outside Detail
Chief Roberge asked if the Selectmen reviewed the draft policy. Gerry said the previous Board ruled to prohibit P.D. vehicles outside of Town. Joan asked Gerry why and he said it was due to what is already excessive wear and tear on the vehicles and numerous complaints from residents/taxpayers. He said if this new Board is going to change the policy regarding outside detail in other communities, they would need to change the cost for the vehicle to more than $10.00 per hour per car. Chief Roberge said two years ago the P.D. vehicle rental brought in over $18,000 in revenue and one year ago over $10,000. He said this revenue could pay for new cruisers.
Matt asked the rate other communities charge and Scott said $10.00 per hour, per vehicle is comparable. Gerry said in Sections E & F of the draft policy, it states that outside detail availability would be posted for 72 hours. He said he sees no reason for this posting limit and feels the details should be restricted to lower ranking officers (patrolman only) and not to higher ranking officers. Gerry said in many of the exit interviews with resigning police officers, the previous Board and current Administration learned that patrolman were not given a “fair shot” at signing up for outside detail and the higher ranking officers were favored. Joan totally disagreed with Gerry. She said this policy is straightforward and similar to other area departments. She said all sworn
officers within the agency should be eligible for outside detail. Gerry said the one constant issue in exit interviews was overtime not being available to patrolmen. He said other communities’ Chiefs do not even take overtime, leaving it for the lower ranking officers. Gerry said he feels there is merit to the former patrolmen’s complaints. Joan asked if there was any further discussion on Chief Roberge’s proposed policy. Barry asked why the 72 hour posting limit, wondering if Chief Roberge were to take outside detail after the 72 hours would he give it up to a patrolman, if asked. Scott said his obligation is to provide safety. He said during the recent road projects, the officers eventually want time off and it becomes difficult to fill the shifts. He said in the past many officers from outside his agency are
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hired, but he definitely tries to keep the overtime within his department first. Gerald McCarthy made a motion that the Selectmen approve his recommendations/amendments to the outside detail policy.
There was no second. The motion failed. Matthew Scruton made a motion to accept the outside detail policy as outlined by Police Chief Roberge. Joan Funk seconded the motion. Gerry said he doesn’t want to see the leadership receive the majority of the outside detail. He said this is one of the reasons the patrolmen are leaving for other departments. He said if the Board chooses to keep this policy, then a better job needs to be done administering it. The vote was four in favor: Joan-yes, Matt-yes, Barry-yes, David-yes and one vote opposed: Gerry-no. The motion passed.
Police Dept. D.A.R.E. Acct.
Ernie said earlier this year, it was pointed out to him there was an account being administered by an individual of the Police dept. and expenditures were outside of the original purpose of the D.A.R.E. account. He said he has taken the necessary steps to correct the situation, the account has been closed and the money is now being run through a Town account. The Chief then explained the history behind the D.A.R.E. account, which he said was established in 1993 for the D.A.R.E. Assoc. to fund the program. He said over the years fundraising money was placed into this fund and his department has kept the Town apprised of the funds in this account. He said now not just one person has control over it, and monies have been used for uniforms, computer equipment, the Citizen’s Academy, D.A.R.E.
projects, etc. Chief Roberge mentioned the fundraising organization out of Portland, ME that d provided fundraising services. He said all the money can be accounted for and all expenditures are “above board”.
Barry said he’s surprised the Policeman’s Assoc. doesn’t want to continue. Chief Roberge said the Association dwindled due to lack of interest, but of late some of the officers seem to be more interested again and may now be able to revive it. Scott said the digital imaging process was made possible through fundraising efforts of the Association and his department was also able to sponsor a local baseball team, which he feel is important, noting it would not have been possible without such funds. He said the benefits from the fund have been at no cost to the taxpayers. Gerry wondered about the auditor’s concerns. Chief Roberge said the fundraising company pays the appropriate taxes for their services and there shouldn’t be any problems. Gerry said the checks were
endorsed to individuals and not to the company, wondering if these individuals should have completed a 1099 form. Ernie agreed they should have, but said the Town’s auditors have said to move forward from here in the correct manner. Scott said on the average his department spent $2,000 per year on the D.A.R.E. program, for promotional materials, t-shirts, food for the graduation ceremonies, etc. Gerry asked if the fundraisers were done in the name of D.A.R.E. only and Chief Roberge said no, but the various sponsorships were clearly advertised as to what they were raising monies for such as: equipment, the Explorer program and D.A.R.E. Gerry said he thought in order to perform fundraising there must be an official association and Scott said he doesn’t know. Gerry said he believes this should be investigated further.
Ratification of Personnel Handbook
Ernie said the decision from the Board of Selectmen and the voters was that personnel files are not to be destroyed. He then read verbatim the wording of the ratification to the Town’s Personnel Handbook. Joan Funk motioned to have the ratification, as it pertains to the personnel file retention period: “Personnel files and related records shall be maintained for the lifetime of any current or former Town employees.” Added to the Town’s personnel handbook. Matthew Scruton seconded the motion. David said he wanted to add that upon resignation or termination all records be turned over to Administration by the respective department head. Barry said he understands all records except the Police department are currently with Administration and Ernie
said yes. Barry then wondered if there are any pertinent NH state laws (RSA’s) regarding this and Ernie said there is only one regarding 7 year retention of records and now the recent Laurie issue. Chief Roberge commented about maintaining file integrity and the need to have the assurance if the files are in the care/possession of Administration, they need to have someone present with the files when and if they are reviewed, in order to ensure that nothing is removed, added or altered. He said Administration must be prepared to follow all guidelines and to protect the integrity of the personnel files.
Barry asked if Administration has the capability to handle this and Ernie said he’s not sure. Barry said his viewpoint is that all personnel files be treated the same and with the same due care. Ernie then asked how many times a year a particular file might be reviewed and Chief said 2-3 years. Matt asked if they are kept
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under lock and key and Ernie said yes. Gerald McCarthy motioned to have the ratification include, “However, once an employee leaves, is terminated or for any other reason terminates employment, the
records shall be turned over to the Town Hall from the department head.” Barry Elliott seconded the amendment and the vote was: three in favor; David-yes, Gerry-yes & Barry-yes, two opposed; Matt-no & Joan-no. The motion passed.
Fire Dept. Rental Hall Income
Chief Goslin came before the Selectmen and said he has gone back two years with the rental hall income account. He said he has found that some of the donated funds for the thermal imaging camera were placed in this account, as well as the Hay Day booth monies. Ky said back in 2001 there was approximately $24,000 in the account, which was applied to the purchase of the Thermal Imaging camera. He said the purpose of the fund is for building maintenance. He said the fundraising monies would no longer go into this department account. Ky said there is $4,000 in the account now and this is to be applied towards the purchase of new tables and chairs for the hall, which will cost $11,000. He said the Fire department would use the older original ones for loan/rent. The Board of Selectmen
said since the documentation for the account wasn’t presented until this evening, they are unsure as to what everything means and would like additional time to review it. Joan said it’s only right for the Selectmen to have further opportunity before further discussion. Barry wondered why the Board is reviewing the account anyway and Gerry said he’s the reason for the review, because the Fire department is supposed to have two accounts, one for the proceeds from fundraising and the other for building maintenance. He said there has been a co-mingling of funds, of late, which is inappropriate. Barry said he disagrees with Gerry, since the department building was built solely by volunteers with funds raised by the volunteers. He said he agrees the funds shouldn’t be co-mingled, but said he feels the Fire/Rescue Association should have their own monies. Gerry disagreed, saying nowadays a lot of taxpayers’ dollars care for
the department building and the account monies are not used as they are supposed to be. Matt wondered if there’s an applicable law to this regarding revenue monies raised and Ernie said he previously provided this information, but would look into this and find the information again. Ernie said Matt, as an internal auditor should know how this works. He said the issues with this account are the same as they are for the Police department D.A.R.E. account. Ernie went on to say the Town did vote to take over the Fire department property some time ago. Gerry said, for the sake of those present, he wants everyone to know the original requests concerning the Police dept. and Fire dept. accounts came from the Budget Committee.
Fire Inspection Fee Schedule
Chief Goslin presented his proposal for the fees for fire inspections. Joan wondered if this proposal differs from before and Ernie said yes. He said Ky is proposing that 2-4 unit buildings be charged $25.00, 4-6 unit buildings be charged $35.00 and any building with over 6 units, $45.00. Ernie said there isn’t a problem with the existing fee structure. Ky said he’s proposed this new schedule because smaller apartment building are charged the same as the larger buildings, which take much longer to inspect. Ky said he feels the new fee schedule, he believes, is a fairer one. Barry wondered why not charge per the number of units and then asked if the fee structure is utilized to assist in the payment of the Fire Inspector. Ernie said the revenue from inspections does
help to offset the cost for inspections, but it is not a huge revenue generator. The Board wondered if there is any fine structure for those in code violation and Ky said there is no fine schedule at this time. David asked Ky how long it takes to inspect a unit and Ky said on the average one inspection takes one hour. Joan expressed her concern that there are no repercussions for being in violation. Matt asked how Ky came up with the proposed fee structure. Ky reiterated his sentiments about the current fee structure being unfair to landlords of fewer units. Matt then asked if Ky knows what other communities charge for fire inspections and Ky said no. Matt asked him if this could be investigated and Joan said she feels the Selectmen should revisit this issue and also include a fine structure for violations.
Ky took this moment to inform the Board his department needs a container for storage. David suggested Ky check with the Sheriff’s department for any government surplus. Barry said Cameron’s has containers too, Ky said he also wants to have a fundraiser auction, noting the success of other communities raising $15,000-20,000 through an annual auction. He said this would help to make the necessary improvements to the department and to assist with the proposed expansion.
Junkyard Policy
Codes Officer, Paul Charron said the issue is whether or not the Board desires to have a public hearing. He said the difference in junkyards is renewals versus new. He said a junkyard license should state the size of
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the junkyard in operation. He said the idea behind a junkyard policy is it will mean the license holder will then know the criteria. He said if the Selectmen adopt a policy, then the 7-9 existing junkyards in Town
would then be provided with the criteria. Joan wondered what would happen if the junkyard owner is in non-compliance with Town policy and Paul said then a public hearing would be needed. He said if someone is non-compliant their license could be revoked. Joan asked her fellow Board members if they had any questions and Barry said he believes a public hearing should be held even before the adoption or implementation of a policy. Ernie said the information provided this evening isn’t in policy format, but Paul can draft an official policy and then a public hearing could be held. Joan asked if state law dictates the implementation of a policy and Ernie said yes. Barry asked Ky if he ever inspected a junkyard and Ky said no. Barry then asked if he has the authority to inspect
them, since life-safety is a code issue. The Board of Selectmen agreed to revisit this.
Riverbank Project
Dale said a few weeks ago the Selectmen requested information about the cost for the Town to cooperate in a cleanup of the Mad River out behind the Catholic Church. He said his draft estimate he’s presenting this evening is merely a guesstimate. Dale said various agencies would need to further define their parameters of the project before he could make a more accurate estimate. He said the estimate does include the full removal of all the concrete. Ed said the project has begun and NH Fish & Game says it would be best to remove all the concrete. He said if pooling is desired, it could be accomplished with rock. Ed said this backup of water from the stream affects three property owners. He said without action the Town could run the risk of mandates from the State and/or Federal
government. He said there are distinct advantages to performing this kind of work instead of waiting. Barry asked what the “in kind” threshold would be and Ed said there are four agencies participating (NH Fish & Game, Cocheco River Watershed Coalition, the Catholic church, the Town and the Conservation Commission) in this cleanup, all with their own thresholds. He said at this time they are currently awaiting a plan from the State before this could be fully determined. Ed said they only need to authorize Dale to utilize his workforce for this “in kind” service during the month of August for gravel and import transportation of stone, etc. Dale said his estimate is only for the removal of the concrete dam. Ed said working with the federal, county, state agencies and the church is like trying to “herd cats”. Barry wondered if the Board could authorize the expenditure of approximately $1,300. Dale said
it is better to allow for “in kind” work. Barry Elliott motioned to allow the “in kind” donation of work, contingent upon the approval of the grant. Joan Funk seconded the motion and the vote was unanimous.
The Board recessed for five minutes. The time was 8:25 p.m. The meeting reconvened at 8:35 p.m.
Appointments to Boards & Committees
There were two applicants for the Planning Board. Chairman Funk asked William Tsiros to come forward. She said Mr. Tsiros currently serves as an alternate on the Planning Board, but has now applied for full board membership, as a result of Norman Russell’s resignation. Joan asked Bill why he wished for full board appointment. Bill said he’s been involved with the Planning Board since 1984, serving again in 1988 and again in 1994, as well as during his tenure as Selectman. He said he has the time to devote to the work at hand and feels he has valuable experience and leadership ability as well as the ability to motivate common sense. Bill said his presence on the Board would add to diversity of the Board. Gerry asked him what responsibility the Planning Board has and Bill said
it should reflect the policy of the Selectmen, adhere to the rules and regulations and the Master Plan. He said community impact must also be taken into consideration. Gerry said multi-housing units seems to be a problem in this community. He then asked Bill what he would recommend to help control this type of growth. Bill said an updated CIP helps to budget for growth and impact fees also can help to offset costs. He then stressed quality of building/construction. Barry asked Bill where he sees the Town of Farmington ten years from now. Bill said as a nice place to raise a family, a good place to shop, a community to be proud of and keeping taxes reasonable and affordable. Matt asked Bill what he sees as the most important task of the Planning Board and Bill said to finish the CIP and to cooperate with the businesses of the community. He said the Planning Board is the mirror and the communicators of a community. He said they need to have a good relationship with one
another. Bill said there is nothing more frustrating than when a client or developer meets the criteria and guidelines set forth by the Town and the Planning Board ends up making rules as they go along. Joan thanked Bill for his time.
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Robert Moholland was called forward as an applicant to the Zoning Board of Adjustment (ZBA). He said he understands the ZBA is in dire need of members, noting he currently serves as an alternate on the Conservation Commission. He said he has a desire to help, knows he has a lot to learn but feels he can
contribute. Gerry said he respects Bob admitting he has a lot to learn. Matt asked Bob if he is prepared to devote the time needed and Bob said yes. Joan said Charlie King was previously interviewed as a Planning Board applicant, but has agreed to step down and seek appointment to the ZBA as well. Ernie said as a result of this action, Paul Parker will have to step down from his newly appointed Planning Board seat and remain simply a ZBA member. Ernie said with the appointment of Bob Moholland and Charlie King, the ZBA will now have a fully functioning ZBA. Brad said the issue with Randy Orvis as ZBA member is that he too sits on the Conservation Commission. The Board of Selectmen agreed there is a conflict. Pat Dever asked Joan if Brad believes some issues from his previous
interview for a seat on the Planning Board were misunderstood, would he be given the opportunity to clear up the misunderstanding. Joan said she’s sure that during this evening’s discussion, the Board of Selectmen would ask him that question. Discussion then ensued regarding the ZBA. Gerald McCarthy motioned to appoint Robert Moholland to the Zoning Board of Adjustment. David Hall seconded the motion and the vote was unanimous. Bob Moholland then withdrew his appointment to the Conservation Commission.
Planning Board applicants were next to being voted upon. Gerald McCarthy made a motion to appoint Bradley Anderson to the Planning Board. David Hall seconded the motion. Gerry said there are two openings on the Planning Board now. He said Brad’s views are not represented on the Board at this time and he feels he contributes a great deal and works hard. Ernie said there is one full board seat, expiring in 2005 and two alternate seats available. David said regarding the policy appointment procedure, appointees are to be interviewed and the Selectmen should abide by the policy they adopted. Matt said he stands with the recommendation of the Planning Board Chairman and the Selectmen’s representative. Gerry said the Chairman is not in the position of providing
recommendations. He said every member of the Planning Board is a business owner in Town and the Board needs Brads input and ideas. Barry said if the Selectmen are to follow the appointment procedure, then a current alternate should be considered for full board membership, that being Bill Tsiros. Barry Elliott motioned to appoint William Tsiros as full board member to the Planning Board. Joan Funk seconded the motion and the vote was: three in favor; Barry-yes, Joan-yes, Matt-yes & two opposed; Gerry-no, David-no. The motion passed.
Gerald McCarthy then motioned to appoint Brad Anderson as an alternate to the Planning Board. David Hall seconded the motion. Discussion then ensued. Barry said he and Brad spoke at length earlier and that Brad is aware of his reasons for not supporting his appointment to the Planning Board. The vote was two in favor: Gerry-yes & David-yes and three opposed: Matt-no, Joan-no & Barry-no. The motion failed.
Dept. of Water/Wastewater
Dale said he hopes the Selectmen have had the opportunity to review the material he provided regarding the Wastewater Treatment Plant Upgrade. He then introduced Peter Atherton of Wright Pierce. Peter said the most recent upgrade at the plant was done 15 years ago and was performed through grant funding. He said in meeting certain criteria 30% grant funding could be obtained for the next phase of upgrading needed. Peter said his firm has also investigated grant loan funding through the USDA, but the Town doesn’t qualify, because the processing amount is too low. He said another agency is the Office of State Planning, Community Development Block Grant (CDBG), for which the Town does meet the criteria as well as the State revolving loan fund. Barry asked why Farmington would be
eligible for the 30%, noting the State has a series of benchmarks and if the rates are at a certain level, then does that mean Farmington qualifies. Peter said the Town should qualify. Barry asked if this mean the rates would be increased in order to obtain the funding and Dale said no. Dale said the rates would be increased to follow the amount of funds needed to help cover the upgrade anyway. He said they could also discuss block grant participation, which could help to offset the costs for the upgrade project. Dale said the average current cost per year for water/sewer is $360.00 and that would increase 23%. He said in trying to arrive at a schedule for the design work, submission and approval to and by the State and then the establishment of the final cost in order to bring it before Town Meeting. Barry asked if all the upgrade would be at the ratepayers expense and Dale said yes. Matt asked for a detailed explanation. Dale
then explained the rate increase would determine if grant assistance is 20% or 30%. Barry said he would like to see the figures applicable to both. Dale said the Selectmen need to address a funding mechanism and make a decision whether or not to
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proceed with the plant upgrade, inclusive of pump replacement, motors, grit filters and screening, aerators: basically mechanical and electrical components to keep the plant at it’s best operating efficiency without addressing major upgrade necessities. Gerry then asked about the year 2006 project, wondering what the river flow issues would be then and wondering if the Town would be able to continue to use the equipment he is seeking now for upgrade as part of `the major upgrade in 2006. Peter said based upon the discharge levels and the projected future loadings, the goal is to reuse the existing ditches, installing new aerators, but it is tough to speculate the final plan until the discharge limits are finally known. He said it couldn’t be guaranteed. Gerry then wondered what the cost
would be to continue to maintain the plant as it is until 2006. Dale said he his talking now about adding another aerator and he cannot guarantee reuse, but it is a high likelihood. He said he still needs information from the State. Dale said this allows for the continued operation of the plant due to how long it takes to get replacement parts for the existing older equipment. He said there is resale value in such parts and there may be market for this. He said he needs the Selectmen’s permission to proceed with certain components of the upgrade. Peter said five years ago Wright Pierce looked at improvements to the Town’s equipment. He said initially with the compilation of the executive summary, they estimated what may be the discharge limits and at this time they are simply recommend taking a phase of the project and perform it now. Barry asked about the engineering costs and Peter said $110,000, about 10% of the project
cost in order, to continue with Phase I of the upgrade. Barry then asked how much of Wright Pierce’s fees cover the actual upgrade and Peter said through the design and approval by the State. He said it is typical for DES projects to run at 20-25%. Barry asked if there’s any negotiation in the figures and Peter said Wright Pierce would be happy to provide all the information in detail and the work performed, to date. Barry said he’d like a breakdown of the charges and Peter said that would be no problem because DES requires this information too.
Joan Funk made a motion to allow Director of Water/Waste Management, Dale Sprague to proceed with Phase I of the Wastewater Treatment Plant upgrade, as proposed by Wright Pierce. Matt Scruton asked if Farmington doesn’t do anything, what would the implications be and Dale said the money would need to be spent in 2005 or 2006. Matt said so it means pay now or pay later and Dale agreed. Matt then sought confirmation that the cost doesn’t have to be user based or assisted with taxes. Matthew Scruton seconded the motion. Gerry asked what does this motion authorize and Dale suggested the review of upgrade schedule on page 3, inclusive of the preliminary design, engineering costs, State approval, etc. Peter said the way the DES contract is set up, it
includes design phase requirements. Matt then asked Dale for an explanation why do it now and not wait, particularly if the Town could delay such a capital expenditure. Dale said theoretically the Town could set aside more money, but all the equipment dates back to the 1970’s. He said the equipment is old and tired, hard to get repaired. He said there is no grit or screening system, the flow meter box is falling apart, just to name a few. He said he’s afraid it’s going to create significant problems and feels it would cheaper to do it now. Peter said the plant is thirty years old and typical plant use is 20 years, noting Dale and his staff have done well by the Town to add ten years extra. The vote was unanimous.
Landfill Option Update
Dale said he and Ernie met with GEO Insight to investigate the feasibility of options. He said he met with another private outfit and has also received a call from yet another private company. He said he’s awaiting receipt of information and would fully explore the option of Farmington running its own operation and/or cooperatively with another community.
Prosecution
Chief Roberge said shared prosecutor, Kate Dyer has resigned as of May 16th, 2003. She wants the summer off to be with her recently graduated daughter. He said he has spoken with Sheriff Wayne Estes as well as Attorney Janice Rundles regarding the Town’s prosecution. Chief Roberge said Attorney Rundles already has too large a workload, but the Sheriff has recently hired Dan Donovan from Somersworth, who is willing to take on the shared community prosecution. He said all other Chiefs from the surrounding communities are “on board” with this idea. Joan asked where the prosecutor would be housed and the Chief said recently the office has been in the Strafford Police dept., but the Chiefs would like to see the prosecutor working back in Farmington in the Old
Courthouse building. He said Dan is willing to work in Strafford for the time being, but is also willing to move to the Old Courthouse. Scott said Dan is also willing to work month to month. Gerry asked if Dan is an attorney and Chief said no. Barry asked how the costs for the prosecutor are shared and Scott said the cost is $34,000, divided between Farmington, Milton,
Selectmen’s Minutes 05/12/03-Pg. # 9
Middleton, Strafford and New Durham. Barry expressed his concerns about providing office space. Gerry asked for the cost of Farmington’s share of the prosecutor and Scott said it would be $21,000. Gerry stated this means the cost to house the prosecutor is above and beyond the $21,000 and Scott said yes. Scott said Dan would be an employee of the Sheriff’s office and Farmington would pay the Sheriff’s department, with Scott being his supervisor. Scott said Farmington would be getting services “dirt-cheap”. Ernie said it would be an easy transition. Chief Roberge then said Dan comes highly recommended, but the glitch is he would have to be sworn in as a police officer of Farmington. Scott said Dan has 20 years of experience with prosecution. Joan Funk made a motion to appoint Dan Donovan as the shared prosecutor for Farmington. Matthew Scruton seconded the motion. The vote was unanimous. Scott asked about use of the Old Courthouse building and the Selectmen said if Dan is
comfortable having his office in this building, it would be okay with them too.
Highway Safety Grant
Chief Roberge said this grant would allow his officers to work extra hours for increased DWI patrols. He said it would be 100% funded through the State at no cost to Farmington. Barry asked if the grant could assist putting officers on patrol in the downtown and Scott said there are already officers on the downtown beat, Gerry asked if DWI patrols means roadblocks and Scott said no. Barry asked if he heard correctly that Chief Roberge had saved another life and Scott said yes, he assisted in lifesaving efforts to his son’s bus driver, but the effort was collaborative. Gerald McCarthy made a motion to allow Chief Roberge to apply for the Highway Safety Grant. David Hall seconded the motion. The vote was unanimous. Scott said he has received information on
another grant too, one for arson investigation. He said two grants are awarded for this and he feels it would behoove the Town to have one police officer (recommended Detective Jay Drury) and one trained Fire Dept. volunteer attend such training. He said the training sessions are held at St. Anselms in Concord.
Speed Limit Reduction on Sheepboro Road
Chief Roberge said he’s not opposed to a reduction of the speed limit to 25 mph versus the current posted limit of 35mph. He said he is also making the recommendation that the speed limit on Reservoir Road be reduced to 25 mph as well. He said he feels this would be a safe speed to traverse these two roads. Joan Funk made a motion to reduce the speed limits on Sheepboro and Reservoir Roads to 25 mph. Matthew Scruton seconded the motion and the vote was unanimous. The motion passed. Chief Roberge asked for the Selectmen’s permission to post the roads properly with the assistance of Highway Supervisor Clark Hackett.
$12,000 in Facility Improvements/Police Dept.
Chief Roberge said there have been no improvements to his department since 1990 or 1991. He said the booking room has a cement floor, the bathrooms are atrocious, the carpets are ripped and torn and it is time for their replacement. Scott said he would like to remodel his department using the skills of a new officer with building contractor experience, to frame a wall and divide space into two offices and install rubber flooring for the entry room and booking room. He brought samples forward of the carpeting he’s interested in, as well as samples of the rubber flooring. Scott said he has money remaining from the officers that have left. He said he still needs to work with Ernie to determine the exact amount however. He said the image portrayed at this time is not a good one.
He said improvements would not only benefit employee morale, but would also provide more workspace. Scott said if need be the improvements to the first floor could happen first, and then the upstairs next year. Discussion then ensued regarding the roof leaking into the upstairs office(s). Scott said some offices at this time, downstairs are literally closets. He said they need to open up the area. Joan wondered about the problem with bugs in the locker room and Scott said they simply need to spray. Gerald McCarthy made a motion, if the monies are available to proceed with the police department renovations. David Hall seconded the motion. Gerry said he agrees the work is needed, but wants it stated for the record, the department has never been denied monies for this before. The Chief disagreed. The vote was unanimous.
Matthew Scruton made a motion to enter non-public session pursuant to NH RSA 91:A-3. Gerald McCarthy seconded the motion and the vote was unanimous. The Selectmen entered non-public session at 10:12 p.m. Public session adjourned.
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Respectfully submitted,
Lynn C. Seaboyer
Admin. Asst.
APPROVED
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Chairman Joan Funk
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Barry Elliott
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David Hall
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Matthew Scruton
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Gerald McCarthy
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