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FARMINGTON BOARD OF SELECTMEN’S
MEETING MINUTES
JUNE 19, 2003
(Public Session)
Attendance: Chairman Joan Funk, Matthew Scruton, Gerald McCarthy & Barry Elliot
Staff: Ernest M. Creveling, Town Administrator, Director of Water & Waste Mgemt., Dale Sprague &
CEO Paul Charron
The meeting convened and was called to order by Chairman Funk at 6:05 p.m.
Utilities Acceptance
Dale said nothing has changed from his May 28th submission. He said he’s talked with engineers from NH & ME about utilities acceptance and there seems to be no clear-cut path that towns and cities are taking. Dale said there is a whole range of options. He said he has spoken with Attorney John Ratigan regarding the different perspectives and again was told there is no clear-cut path, with a wide range and no particular trend. Attorney Ratigan agreed his thought process was good, adding that many communities are facing the same issues. Dale said in talking further with the attorney, Farmington still has a lot of liability, even though a private lot line is involved. He said the pump and booster stations are “a beast by themselves” and the attorney said a
contractual agreement with associations is workable. Joan asked about where the line of responsibility ends and Dale said Farmington could take over the gravity portion of the line. Ernie asked if the association could post the bond agreement and Dale said maintenance bonds are used for such purposes and are cheaper for the associations. He then added, the attorney said if Farmington were to run the pump station they could then pass the costs on to the association, but the Town may not want to be a monopoly and might want to have an outside company perform such services.
Joan asked how it works if association members decide not to be part of utilities takeover. Dale said it depends. Ernie said it would be a civil matter with the association. He said when he worked in Texas he had exposure to this and that particular community annexed such situations. Ernie said the smartest thing would be for Farmington to own its own system up to the private property line with things like the pump stations under separate agreement. Discussion then ensued regarding how association’s restrictions work. Barry sought to clarify that the intent is, no liability from the property line to the house. Dale said no, Farmington would own from the master meter, all the way to the private property lines, and service lines to the houses would be the homeowners’ liability.
Dale said Farmington would own the 8” water main, from the public waterway, all the way to the private property homeowners’ lot line.
Dale said contractors/developers are currently being required to construct and pay for all costs incurred for water/sewer systems, until the construction is complete, then the Town of Farmington would vote to accept them and take them over. Barry said it would be best to require the developers to break out and lay all the water mains, even to the sites not yet developed. He said this would prevent the street from being torn up again. Dale said basically any construction in a public way has to be installed, owned and maintained by the Town of Farmington. He said at the entrance to a development, the question is: does the pipeline ownership stop there. Discussion then ensued regarding how to increase water capacity. Dale said this method of compliance to construct, with the Town taking it
over, is a win/win situation for the developer. Ernie said in terms of putting together standards, but Dale interjected saying, if the applicant follows the acceptance policy, then Farmington is guaranteed the system(s) would be appropriate. Discussion then ensued regarding pump stations. Dale said pump stations are elevated and he then explained how they work. The Selectmen expressed their concern about pump station failure and Dale said the agreements could cover this. He said if a pump station is not accepted by Farmington, then contractual wording would be needed to make sure of mandatory oversight by a trained individual. Dale said he feels at least, the acceptance by Farmington would and should have to state oversight by competent person. Barry said appropriate bonding needs to be considered too and Dale replied that perhaps bonding for the entire sewer system should be required. He said Farmington could perform repairs, but
could pass the cost on to an association. Barry said he believes an association should own the entire sewer system with the Town maintaining and passing on the costs to them. He said liability with sewer is higher. Ernie said he disagrees because if Town owned, it would be maintained by experienced professionals and could be repaired faster, with consistent oversight and preventative maintenance. Then discussion ensued
Selectmen’s Minutes 06/19/03
regarding liability. Barry asked Dale what he recommends and Dale said he believes Farmington should take over all the water/sewer mains and the pump station(s) and should back-charge associations.
Gerry said he’s opposed to taking over the sewer portion and the Board discussed further charging for water/sewer equal to all those not within the association. Both Barry and Ernie then spoke about the sub-contracting out of maintenance for these association’s systems and back-charging accordingly.
Barry said he agrees with Dale’s recommendations, but one other issue to talk about is the drainage system issues, because if not properly maintained, then emergency access for repairs could be a problem. Ernie said the Town should clearly spell out the responsibility of road maintenance and drainage, as that of the association. Dale said drainage is often reviewed preliminarily with developments, by the Planning Board, engineers, contractors and Town departments, but preventative maintenance could be problematic and should therefore be “spelled out,” as Ernie recommends, in order to avoid such problems. Ernie said it’s tough to have road standards in place, and eventually Farmington would have to take over the roads. Dale said he’d draft an acceptance policy for
timely submission to the Selectmen for their vote/approval.
Building Permits on Private Roads
Discussion ensued concerning liability for emergency services to private roads, etc. Then the problem of denying building permit applications on private roads was discussed. Ernie said indemnity on Class VI roads has existed in Farmington for some time now, but the problem is over the years there has been no consistency with ensuring indemnity has been signed off. Barry noted the difference in how the Planning Board looks at the permit process versus how the Selectmen view permitting. Paul said according to NHMA Attorney, Susan Slack, the Selectmen “drive this train”. Ernie said the need for the Board’s approval is a new law before Farmington shifting responsibility from the Planning Board to the Selectmen. Gerry said this is a great deal of responsibility to ask of the Selectmen,
noting he’s not even familiar with Lancelot Shores and doesn’t feel qualified to make such decisions. He said there are already problems with emergency access on some the Town’s private roads, which are in terrible condition with dense overgrowth prohibiting such access. Paul said Lancelot Shore’s residents want campground, recreational road standards, but if Farmington begins to require road improvements, they are setting themselves up for lawsuits. Barry spoke about problems with residents on private roads and their insistence upon acceptance of their road(s). Ernie said what “throws a monkey wrench” into it is the signing of an indemnity. He said the Town couldn’t add the imposition of road standards too. He said it’s a tough question: how can you ask them to sign away their rights, yet require even a small amount of road improvement. Discussion then ensued about just how binding
indemnity agreements are, how they’ve yet to be challenged and how it could still happen. Matt then disclosed that he and his family do own some property within Lancelot Shores and if need be, he would recuse himself from any vote/decision, due to what could be perceived as conflict of interest. Ernie confirmed the questions the Selectmen had asked and said he would consult with NHMA and/or Town Counsel. He then read a sample of the current indemnity agreement and said he would discuss this with Town Counsel, as well as bringing it back to the Selectmen. Matt said he’s willing to motion to approve the building permit applications for Lancelot Shores. Joan said she couldn’t see how the Board of Selectmen could actually deny them. Barry said he would not vote for this, noting the Town needs to find a legal ease method around this, adding the need to give Ernie time to obtain legal advice. Matt said the Selectmen could wait
until Monday, June 23rd. Discussion then ensued regarding the meeting last night with the County Commissioners. The meeting then adjourned.
Respectfully submitted,
Lynn C. Seaboyer ____________________________
Admin. Asst.
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