FARMINGTON BOARD OF SELECTMEN’S
MEETING MINUTES
MARCH 22, 2004
(Public Session)
Attendance: Chairman Gerald McCarthy, Joan A. Funk, Matthew Scruton, Paula Proulx, Paul Parker &
Student Selectman Brandon LaRoche
Staff: Ernest M. Creveling, Town Administrator, Dale Sprague, Director of Water & Waste Mgemt.,
Fire Chief Edwin Robinson & Deputy Chief Rich Fowler
The meeting convened and was called to order by Chairman McCarthy at 6:00 p.m. He led everyone present in the Pledge of Allegiance.
Minutes
Joan A. Funk made a motion to approve the meeting minutes from March 1, 2004 and March 8, 2004. Matthew Scruton seconded the motion and the vote was three in favor and two abstained. The motion passed. Joan A. Funk motioned to approve the minutes from March15, 2004. Paula Proulx seconded the motion and the vote was unanimous. Joan did note a small grammatical correction needed to correct the spelling of Paula’s name from Paul to Paula.
Public Comment
Since there was no public comment Chairman McCarthy asked that the Board consider the Budget Committee’s request, which was posted on the agenda for non-public session and discuss their request in public session now. Walter Mills, Budget Committee Vice Chairman came before the Selectmen. He said, as the Board is aware the Committee has sent a letter to the Board requesting legal counsel to review the School’s default budget formulation. Joan asked if the Budget Committee has sat down with the School Board to discuss the default budget and Walter said no, but that the Committee would like to sit with Town Counsel to learn how a default budget is derived. He said this request doesn’t necessarily mean a lawsuit is pending. Paul Parker asked who the legal representation would be
and Walter said the Town’s Counsel, Mitchell & Bates. Gerry asked if this would be an informational meeting only with no discussion of a lawsuit and Walter said this was only a request for fact-finding, saying the Committee needs the lawyer to interpret the applicable State of NH RSA laws. He said there are a lot of opinions floating around. Walter said the School Board has a lawyer by its side all the time, adding the Budget Committee needs that too. . Joan asked if this meeting would only be once and Walter said once or twice. Matt said his impression at the last Budget Committee meeting was that it would more than that. Walter said the Committee needs the Selectmen’s permission to help facilitate this process. Joan said with last year’s events of one Board suing another Board, she would only support this type of meeting if it were informational only. Paula asked if the Budget Committee would come back to the
Selectmen for approval before they proceed any further. Paul Parker attempted to motion, but School Board Chairman Todd Lefebvre asked if he could comment first. Todd said the School hasn’t even been asked yet to explain the default budget. He said he doesn’t feel it’s in the best interest of the community to spend tax dollars to involve legal counsel for merely a fact-finding mission. He then suggested the Board of Selectmen deny the Budget Committee’s request, until the School Board is given the opportunity to explain the default budget process. Walter said he doesn’t want to get argumentative, but the current operating budget for the School is $11,089,889.82 and the default budget is $12,543,956.66: approximately $1.5 million dollars more! He said if the Selectmen agreed to have the Budget Committee and the School Board meet first before the attorneys, he doesn’t feel any additional light will be shed and
that there will only be escalated frustrations. Walter said by having Town Counsel present, it doesn’t mean the Budget Committee would want to pursue any legal action. Joan said the Committee seems to be eliminating the first step of meeting with the School. Paula Proulx sought clarification from Walter. Matt asked if perhaps Joan should recuse herself from any vote concerning this request, due to being employed by the School. Joan disagreed. Matt said the facts are not simple ad the Selectmen do not deny legal counsel to other Boards. Brandon said he believes legal counsel is a good idea too. Gerry said the Budget Committee is an elected Board and he too feels counsel shouldn’t be denied. Walter said both SB-2 and a default budget are two new processes for the community. He said in the last six years the Budget Committee has never asked for this before and he doesn’t feel the Committee is overstepping
their bounds. Paul Parker made a motion to accept the Budget Committee’s request for
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legal counsel. Matthew Scruton seconded the motion. The vote was three in favor, one abstained and Chairman McCarthy opted not to vote. The motion passed.
Old Business
Route # 11 & 153 Intersection Redesign
Ernie said the bids for the project have come back and the State received four bids total. He said the low bidder was Pike Industries. Ernie said the grand total for the project is now estimated to be $1,796,000, which is higher than originally estimated. He said the State’s share is 2/3 and the Town’s share is 1/3, but the higher estimate pushes the Town’s share from $400,000 to an adjusted share totaling $565,665. He then provided handouts with a breakdown of the costs. Ernie said there is now a $172,000 shortfall and the project is now dependent upon the Board of Selectmen’s decision as to the importance to proceed with this project, which could still be funded in part by the existing fund balance, which is $1,187,727.55. He said he would need a motion to
amend the operating budge. He then explained how this would have to occur on Town Meeting floor this Saturday at the continuation of the Town Meeting, changing the operating budget to $4,551,465.00. Gerry asked if this is in the ten-year plan and Ernie said no and that he needs to speak with the State, but believes if Farmington doesn’t proceed with the project, they might well lose the opportunity. Joan said it seems that it took quite a bit of work to make this project happen and she would hate to lose this opportunity, particularly with the recent State budget cuts. Brandon agreed. Paul agreed. Gerry said the Selectmen need to decide and then discuss this with the Budget Committee, as to whether or not they’ll support this action. Paula asked about the impact to taxes and Ernie said everything except the ambulance article is fiscally accounted for in the budget. Paul asked how this would affect the Police dept., with the need
for outside services and Gerry said the State would pay for this. Charlie King asked now much money has already been saved for the project and Ernie said approximately $ 400,000 with only $172,000 additional needed. Paul asked if there were any chances that more money would be needed, expressing his concern with the rising costs of fuel impacting the bid prices. Ernie said there should be no reason for concern. Joan A. Funk made a motion to support the amendment of the amount of the operating budget by $172,382.00 to go forward with the Route # 11 & 153 project. Matthew Scruton seconded the motion and the vote was unanimous.
New Business
Boards & Committee Vacancies
Gerry said he requested the by-laws for the Economic Development Commission and for the Downtown Committee be sent to his fellow members, wondering if anyone sees a need for any revisions. Ernie said the appointment procedure policy addressing vacancies needed further definition; so that members would continue to serve until a satisfactory replacement comes on to serve. Joan asked which committee is it that has all the one-year terms and Ernie said it was the Economic Development Commission. Paul asked if the Board and Committee Chairmen recommendations would be optional versus required. Matt said perhaps the entire committee should make the recommendation. Both Joan and Paul disagreed. Matt asked if seniority should be the first criteria for consideration versus one’s
qualifications, etc. Gerry said seniority and attendance are important too. Matt asked that the language be softened to say, “a criteria” versus “the first criteria”. Discussion ensued regarding determining factors. Ernie said seniority only provides for first consideration. Matt expressed concern about the allowances for qualifications. Fellow Board members said only real experience and qualifications are obtained through regular service to the Boards/Committees. Gerry said the Board of Selectmen make the final decision and are not bound to anything. Ernie read his suggestion for the language to include consideration of attendance too. Paul asked if they have a candidate on a Board for a number of years, could the Board interview be waived. Joan said it could possibly make a decision as it comes before the Board. She said they could soften the language too, to include “may”
require Board interview. Paula wondered about fairness. Joan said if an individual has served for years, then no interview should be necessary, but with a new applicant, it should be required. Matt suggested breaking applicable language out to say just this. Charlie King said his thought is, it may be the best interest to ask the applicant if they wished to be interviewed. Paula said the perception needs to be considered too. Discussion ensued about the wording to include the waiver of the interview by senior applicants only if so requested. Paul Parker made a motion to adopt the appointment procedure as amended tonight. Paula Proulx seconded the motion. The vote was unanimous. Paul stressed the need to fill vacancies as soon as possible due to Board membership shortfalls. Gerry said the Board needs time
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to advertise and to receive applications. Paul stressed the problem within the Zoning Board of Adjustment with business coming before them the beginning of April and the insufficient number of members. Paul
said it’s applicants’ right to have their case heard before a full Board. Gerry asked if the Economic Development Commission By-laws are acceptable to all members. Matt said members should be required to be residents of Farmington. Gerry explained that residents often do not own large businesses and they really cannot be left out.
The Selectmen reviewed the Downtown Committee By-laws next. The Selectmen wondered if the Downtown Committee could make them more concise, due to how lengthy they are. Paul asked if the Committee could actually work more with downtown revitalization. Joan said she could see the Economic Development Commission working alongside the Downtown Committee to assist with economic and beautification revitalization. Ernie said he proposes one modification to Article IX, Section IV, concerning term expirations. Paul wondered why there are up to 11 members, saying perhaps up to seven members is really all the Committee should have.
Town Meeting
Highway Garage
Chairman McCarthy said he originally thought it might be a good idea to fund the new highway garage in full this year, but now with the increased cost for the Route # 11 & 153 intersection project, he feels this takes priority over the garage.
Fire/EMS Issues
Upcoming Warrant article 26 was reviewed by the Board in order to explain to the new Selectmen what this article was for, in preparation for the continuation of Town Meeting on Saturday. Ernie explained why the Selectmen voted to put forth this article.
He then informed Paul and Paula how the department, as it now exists is an entity association in and among itself. He said this article is to change the organizational structure, thereby giving the Selectmen more authority and giving the dept. more fiscal accountability.
Brandon asked if changing the organizational structure would be paving the way for eventual hiring of full time firefighters and Ernie said not necessarily. Paul asked if there is some avenue available to allow for the department’s statement of support or non-support of this particular article and Ernie said it would behoove the Board of Selectmen to work alongside the department in the hiring process. Paul then wondered if this is moving in the direction of a full-time department. Gerry said nowadays there aren’t as many volunteers available to respond and said he feels eventually will probably see full-time firefighters/EMS staff.
Articles 27 & 28 were next to being reviewed. Ernie said 27 is to add money to the Fire dept. budget for per diem EMS coverage. Chief Ed Robinson and Deputy Chief Rich Fowler came before the Board of Selectmen. Rich provided a handout, breaking out the annual number of calls and how many the Town of Farmington responded to versus outside service. Deputy Chief Fowler said the annual revenue stream needs improving. He said the billing charges need to be adjusted and he then recommended putting out an RFP for billing service. Rich said he feels the current billing company doesn’t charge enough and doesn’t generate enough money in return. He said they are also making write-off determinations, which should be only at the discretion of the Town. Rich said if
Farmington chooses per diem coverage adjustments to the billing and keeping coverage within the Town, would both increase the revenue and per diem staff could pay for itself. Gerry asked if any patients are double-billed for any intercepts and chief Robinson said Farmington is tied to Frisbie’s regulations, due to Farmington not having paramedics. He then explained paramedic protocols. Rich said it is a set of procedures for what can be performed in the field. Chief Robinson said the Captain of EMS is working to get paramedic protocols from Frisbie, but it has been difficult. Joan said she knows that daytime coverage is an issue for Farmington, but they have also found that evening coverage can be problematic. She then wondered how this could be changed. Ed said he understands this was due, in part, to low morale. Ed said he feels this is improving and attendance to meetings and trainings is improving of late too and there have been many
new applications received. Paul asked how the response time would be improved by per diem and Rich said currently response if voluntary, but if per diem, they would have 10 hours per day coverage and staff would be available. Paul asked how long it would be to implement the per diem and Rich said currently they have personnel and the department has written policies and have the gear, etc. Discussion then ensued regarding available staff for coverage hours.
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Matt said as he sees it outside service would guarantee full-time coverage, whereas per diem is not a guarantee. Both Matt and Rich debated the issue of having a full-time paramedic via contracted service and whether or not it’s value-added. Paula asked if there is room in the development to add incentives for training of the current Town volunteers. Rich said training is expensive, costing approximately $4,500.00. Paula said she doesn’t feel that amount to be too costly, in order to have this experience available. Rich said the number of calls, which require paramedic experience are not that frequent.
Paul Parker requested a five-minute recess. The time was 7:53 p.m. The meeting reconvened at 8:08 p.m.
The Selectmen then agreed to meet the first Monday of April, on April 5th, in preparation for board and committee appointments. Ernie spoke to the Selectmen regarding the delivery of agenda packets. He said he’s proposing that Board members pick up their packets at a mail receptacle which he’s ordered and which will be installed on the outside of the municipal offices building.
Sewer Rate Increase
Dale said as he indicated last week, he has put together a few options for sewer rate increases. He said the biggest increase would be from the current rate of $3.99/1,000 gals. to $5.30/1,000 gals. And what he’d like to see tonight is the Board of Selectmen vote on a new rate tonight. Joan asked what the percentage increase for an average customer would be if the Board increases the sewer rate to $5.30. Dale said it would be 32%. He then said he feels option 1 allows the opportunity to collect more revenue in year 2005, collecting funds for the surplus replacement equipment. Joan wondered if all the options Dale has provided would still enable Farmington to be eligible for the 30% State grant assistance and Dale said he’s not sure, but said he thinks it will be “doable”. He said option 2 means that in year 2005 Farmington wouldn’t make the benchmark for the 2006 bond payoff. Dale went on to say all options however get to the same end and that it’s just a question of how to
prefer to get to this point. Paula wondered if the Selectmen agreed this was to be user based funding and Dale said initially the entire Town of Farmington helped to fund the system, but since then the users only have used the life of the equipment and this is why he proposes Phase I to be funded by the users only. He said he could perhaps consider the Town funding Phase II however.
Joan wondered if bonding would help to keep the rate increases down and Dale said no. He said no matter how it is funded, the work still has to be done. Joan asked if the number of users increased would this affect the revenue and Dale said yes. He said this could be reviewed annually, looking at the target number and analyzing how successfully the goal is being achieved.
Paul then asked how costly it would be to expand the sewer system and Dale said it would be very costly. Paul wondered if there are plans for impact fees and Dale said this is an important issue, which does need to be discussed. He then referenced the current connection fees and how that revenue goes to a Capital equipment fund. Paul expressed his concern about a large development coming into Town and costing the Town if Farmington is not appropriately charging to cover/offset the cost(s).
Gerry asked if the Selectmen could just consider option 2, saying he has a problem with the amount of the increase and how it will affect the users. Dale said they have to perform the upgrade and Farmington is eligible for State aid. Discussion then ensued between Gerry and Dale about the replacement of equipment and when it needs to occur. Dale said if the Selectmen vote in option 2 tonight, then the April reading would be at the new rate. Joan A. Funk made a motion to approve option 2, for a sewer rate increase of $5.6/1,000 gallons, effective April 1, 2004. Matthew Scruton seconded the motion and the vote was unanimous.
Paula wondered if the Board could look at additional fees, which could possibly be charged with new development in the works in Town now. Dale said he’s not sure if the current project is grand fathered.
Barry Elliott came forward and said to the Selectmen that Farmington went through this a few years ago when water rates went up. He said the Board really needs to have a public hearing. Discussion along this vein ensued.
Gerry said option 2 gives the Town of Farmington a handle on the need for revenue, yet gives time to better understand. He said he’s sure there will be public hearings. Barry said the proposed increase amounts to a 40% hike. Barry said the Selectmen have decided the rate payers would absorb the cost of the bond, but said he believes the Board should get public comment/rate payer sentiment on this, adding they should be given the opportunity to speak to this. Gerry agreed. The Board of Selectmen still need to increase the rates, in order to eventually have the revenue needed for the upgrades.
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Ernie said the Farmington High School Honor Society has requested permission to set up a coffee and donuts table in the old Town Hall hallway for this Saturday, for the continuation of Town Meeting. The Selectmen granted their permission for this. He said Boy Scout Troop 188 requests the use of the Farmington Fire/Rescue station hall for their meetings. The Selectmen gave their approval, as long as the fire Chief approves of this use.
Next, an anonymous letter was distributed to the Board. The Board felt no action should be taken due to anonymity. Joan said there was discussion earlier about the stipend amount paid to call volunteers, saying now that the number of dept. volunteers has decreased, the Selectmen should consider reducing the budget line accordingly. The Board agreed they would meet with the Fire Rescue dept. to discuss this further.
Paul asked about the adult entertainment ordinance and moratorium, which he would like to see on the next agenda. Gerry said Ernie needs to find out if it would appropriate for the Selectmen to discuss this. Ernie said this could be discussed further at the next Board meeting on April 5, 2004
Matthew Scruton made a motion to adjourn. Joan A. Funk seconded the motion and the vote was unanimous.
Respectfully submitted,
Lynn C. Seaboyer
Admin. Asst.
APPROVED
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Gerald McCarthy Paula Proulx
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Joan A. Funk Paul Parker
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Matthew Scruton
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