FARMINGTON BOARD OF SELECTMEN’S
MEETING MINUTES
JULY 26, 2004
Attendance: Chairman Gerald McCarthy, Joan A. Funk, Matthew Scruton, Paula Proulx & Paul Parker
Staff: Ernest M. Creveling, Town Administrator, Director of Water & Waste Mgemt. Dale Sprague &
Clark Hackett, Director of Hwys & Vehicle Maintenance
The meeting convened and was called to order at 6:00 p.m. by Chairman McCarthy. He led everyone present in the Pledge of Allegiance.
Minutes
Joan said under the Wastewater paragraph the word “about” should be the word “avoid”. Matt said the vote concerning the repainting of the Farmington town signs on Route # 11 was never reflected. The Board agreed the vote had been unanimous to allow the Downtown Committee to have the signs repainted. Matt said the time the meeting on July 12th reconvened was also missing. Joan A. Funk made a motion to approve the minutes from July 12, 2004, as amended. Paul Parker seconded the motion and the vote was four in favor. The Chairman abstained due to his absence from that meeting.
Gerry said he doesn’t remember the comment quoted by Chief Roberge about Police Standards & Training recommending against the use of part-time police officers in the minutes from July 19, 2004. He went on to say why would Police Standards & Training offer academy training for part-time officers if they recommend against it. He then said he believes the line was incomplete saying he had a problem with the Conservation Commission. He said it should be further defined or stricken from the record. Paul Parker made a motion to approve the minutes from July 19, 2004. Joan A. Funk seconded the motion and the vote was unanimous.
Public Comment
Paul said at the last meeting he made a statement/request about the notation on public notices that public comment is to be limited to two minutes per person. He said he would like the Board to address this, asking that this requirement be re-worded or removed from the notices. Chairman McCarthy asked what Paul would like to see and Paul said perhaps only, “please make your comments brief”. Gerry suggested leaving blank, noting it’s the Chairman’s responsibility to control the time element anyway. His fellow Board members agreed.
Old Business
Gerry said there would be a workshop on Wednesday, July 28 at 6:00 p.m. on paved roads versus gravel roads.
New Business
Community Recognition Awards
Paula said she and Parks & Recreation Director Kerry Mucher spoke about recognition awards and said they both feel that due to how late in the season it is now that Kerry is looking for the Boards’ permission to hold the awards ceremony just prior to the Hay Day evening’s fireworks. She told the Board Kerry fears holding the program during the afternoon because she felt it wouldn’t keep the transient attention of the festivities and feels appropriate attention would/should be better if the ceremony was to held prior to the fireworks. Paula said she also agrees with Paul about broadening the recognition. She said time is a factor for this year’s program however, so brevity is important. Debate ensued about whether to hold the awards ceremony in the downtown or in the
evening at the site of the fireworks. Some of the Board felt it important that the awards be given in the downtown, some felt it would be more appropriate in the evening and some felt it would be best to leave up to the discretion of the Parks & Recreation Director. The Selectmen then discussed the presentation of the flag for the downtown square. The majority of the Selectmen felt the community recognition awards would be best held in the downtown.
Adult Education Project
Cyndy Paulin came before the Board of Selectmen and passed handouts to all. She said she wanted to update the Board on the adult education project, which is in the works. Cyndi said the breadth of the group and the collaborative effort to help make this happen has been wonderful. She said Kerry Mucher, Head Librarian Deborah Christie, a representative of the Dover Adult Learning Center, SAU #61 Superintendent
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Brian Blake, Farmington High School Principal Mike Lee, Town Administrator Ernie Creveling, a representative from the Juvenile Court Diversion Program (JCDP) and herself, just to name a few assisting in the process. Cyndi said to answer what might be the Boards’ question, why bring adult education to the Town of Farmington, the answer is simple. She said it is their hope to increase economic development within the community, to assist with the Town’s high school sinking graduation rate (lower than the State’s average), just to name a few reasons. Cyndi said it is the hope of the project to also bring enrichment to the community to help make the Town of Farmington more vibrant. She said the project has been moving along well and adult basic education classes have been approved and
funded and will be held on Tuesday and Thursday evenings beginning the end of September. Cyndi was also happy to report that the project has also been approved for a United Way grant for aid to cover the cost for childcare for education class students and for some of the costs for adult education classes. She said some of the enrichment classes, which the project is looking, to offer would be digital photography, baseball, watercolor class, money management, etc. Cyndi said Dover Adult Learning will be assisting, as well as the Parks & Recreation Dept. and they hope is that a brochure will be available soon. She went on to report that the vision of the group is to look at Farmington as a campus, as a whole and they want to make the Board of Selectmen aware of their plans, in order to help make this happen, in particular due to the need for public space within which to hold the classes. Cyndi said the long-term hope is to have beginning level
associates programs as well. She said program information would be in the local newspapers with sign-ups available at the library and through the Parks & Recreation office and the like.
Paul said there are a lot of people trained to work in industries, which have been or are being phased out and they will have a need for re-training. He said he hopes that job re-training would be considered for future education classes. Paul went on to say he feels this is an excellent idea and supports the program whole-heartedly.
Roofing Bids
Ernie said the review and award of the police dept. roofing bids could be tabled until next week, if the Selectmen desire. The Board chose to wait.
Sidewalk Tractor
Clark came before the Board of Selectmen and introduced two guests. First to be introduced was Stuart Peavey of the Howard P. Fairfield Co. and second was Jeff Timberlake of Northland Holder. Clark said only two bids were received for a new sidewalk tractor and they were from Fairfields and Northland Holder. He said the Board expressed the desire to look into used equipment and there is a year 2003 trackless sidewalk tractor, with a two-year full factory warranty with only 405 hours of use, a new dump cart and sand spreader and an adapter plate for use with equipment the Town already has for it. He said Fairfield’s is asking $46,000 for this tractor and offer both a three-year lease at $15,345.60 per year as well as a five-year lease at $9,662.76 per year. Clark said Northland Holder has a used
machine (year 2000) with 1,300 hours of use, a one-year full factory warranty, a used dump cart and sand spreader and are asking $35,000. He said this tractor is not a trackless. Clark said the city of Rochester has two used tractors and have said the one drawback with the Holder has been computer repair problems. He said the trackless tractor repair is generally easier and the trackless warranty expiration doesn’t leave one at the mercy of the company for parts. Clark went on to say the Town’s insurance company will pay a total of $28,000 and the Town’s CIP has $9,286.00, so the Town would only need to raise just over $8,000 through taxation.
Paula asked what the average number of hours the Town would use a sidewalk tractor over the course of a year. Clark said Farmington’s existing tractor has 3,352 hours on it and was purchased new in 1997. Matt asked for pictures of the new tractors. Paula asked what the life expectancy is for a sidewalk tractor and Clark said the problem with the existing Town tractor is, it was utilized for some time at the landfill for work much tougher than it was designed for, thereby shortening its’ life. Matt asked the company representatives for their opinions.
Jeff from Northland Holder said he agrees with Clark that the Holder tractor is metric and is computer controlled, but said there is a company in Concord that can service the machine. He went on to say that Holder has Americanized the componentry for ease of purchase and the machine now includes some features such as: computer control, fuel efficiency, etc. Jeff said this particular tractor was leased previously by the city of Ottawa Canada and has been re-furbished, adding that it is a good machine. Paul
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asked for the mechanical stats and Jeff said it has a 78 horsepower engine with cut board planetaries and differential locking.
Stuart of Fairfield said his company’s trackless machine has a Cummins 110 horsepower engine with hydrostatic drive and 100 more foot lbs. of torque. He said it has a certified safety cab and uses diesel fuel. Paul asked if the trackless hubs could lock and Stuart said no. Matt asked Clark which machine he would prefer and Clark said to be honest he has viewed the tractors in Rochester and he prefers the trackless. He said he likes the two-year full factory warranty and the fact the trackless is newer and has fewer hours. Clark recommended the MT-5 from Howard P. Fairfield’s. Gerry said if purchasing this machine the Town is $9,000 short. Ernie said there is some money in the CIP, which means the Town would have to wait until Town Meeting in order to access/expend the
funds. He said the Board really needs to continue to review the finance options, due to the shortfall and since winter is coming up well prior to
Town Meeting. Paul Parker made a motion to table the purchase of a sidewalk tractor until more information concerning financing options is obtained. Matthew Scruton seconded the motion and the vote was unanimous.
The Board recessed for five minutes. The time was 7:00 p.m. The meeting reconvened at 7:15 p.m.
Appointment Policies & Procedures
Norman Russell said during the break he passed out the revised version of his recommended Appointment Policies & Procedures. He said the Board of Selectmen asked him to review this document with the Planning Board for their input/comments and said their only comment was, in an effort to be more fair, perhaps seniority should be considered first. Joan asked if this would apply to full Board seats or alternate seats and Norm said it could apply to either and would depend upon which seat the applicant is applying for. Paul asked about attendance, wondering if methods of tracking attendance had been decided upon and Norm said the Board secretary now keeps attendance records. Current Planning Board Chairman Charlie King said he’s tracking attendance as well, without dispute. Paul then
asked if the Board is tracking training/education as well and Charlie said currently the Board is not tracking applicable Planning Board education. Paul asked if Margaret Russell of the Zoning Board of Adjustment (ZBA) is tracking attendance and education and Margaret said no. Norm said records could be solicited by the Selectmen to utilize prior to the appointment of applicants and Paul said he feels the Policies & Procedures document is a good one. Paul Parker made a motion to accept the Appointment Policies & Procedures document as presented by Norman Russell. Joan A. Funk seconded the motion. Gerry said he would prefer to take the document home and review the final draft before voting. Paula asked if there had been only one change to the document and Norman said yes. The vote was unanimous.
Mission Objectives
Solid Waste Dept. Goals & Objectives
Dale came before the Board of Selectmen and Ernie asked the Board to briefly recess outside to decide where the new municipal sign would be placed on the front lawn. The Selectmen stepped outside to determine the location. They then returned to Chambers and proceeded with the review of Dales’ goals and objectives. Dale said the mission of the Solid Waste dept. is to provide a dependable and cost efficient method to dispose of solid waste. He said his department tries to capture as much of the recyclables as they can and try to maximize the recyclable product revenue, as well as collect fees for certain disposable items such as: tires, propane tanks, appliances, etc. Dale said his department also tries to monitor septic disposal volumes by assessing dumping permits. Paula asked if
the attendants at the dump provide folks paying fees with numbered receipts, for fees collected. Dale said yes, but said often times fee payer’s names are not placed on the receipts, due to time. Paula then asked if it would be possible that some of the money collected might not be documented and instead pocketed, to which Dale replied that he must trust his employees.
Dale then said he might need to discuss with the Board of Selectmen the need to hire an additional attendant to inspect for landfill permit stickers and fee collections. Paul said he’s discussed the permit issue with Dale and he said he suggested hiring a part-time retired person for a variety of landfill duties. Paul said as part of Dale’s short-term goals, additional charges are being proposed for such things as mattresses, construction debris, furniture, etc. and his department could use the revenue from that to hire a part-time attendant. Dale said he would check on the receipt process for the fees. Gerry asked if compacting is done on Saturdays and Dale said it all depends upon the volume that particular day, noting that generally it is
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done in the morning. He said traditionally Wednesdays, Thursdays and Fridays are the largest baling days for recyclables. Paul asked if another person would be helpful and Dale said it would be very helpful on Saturdays. Paul then suggested that the Board consider hiring someone part-time for a period of 90 days. Gerry said his issue with the landfill is the number of people accessing the landfill without a permit and those arriving without their trash in Town trash bags. Dale said the attendants know many of the people who come to the landfill as Farmington residents or who are least property owners in Town. Paul said the Town has a responsibility to the taxpayers to adhere to the process and Paula agreed that accountability is needed.
Dale said the two individuals that work at the landfill, including him, attend annual training for their necessary certifications. He said the short term goals of his department also include working on the direction the Town of Farmington wants to take to expand the landfill, remain the sole disposer or form a multi-community solid waste disposal facility. He said he would have more information next Monday and said he would list all of the assumptions involved to make a joint venture, some of which is indeed factual information. Dale said the Town’s engineers would also have to consider what’s involved and help to determine a per-ton tipping fee, in order to measure the entire impact of the total costs of operation. He said he would try to summarize into a one page presentation regarding
another option, that of a joint transfer station and recycling facility like the towns of Chichester, Barnstead & Pittsfield participate in, noting this could be the next logical step. Dale said he would outline the pro’s and con’s for the Selectmen. Joan asked Dale if he’s looked into an alternative site and Dale said no, that he hasn’t had the capability. He said he could explore this option if the Board of Selectmen so desire.
Dale said his septage management plan remains unresolved, noting he recently heard from the State of NH Dept. of Environmental Services (DES) in response to his application for increased disposal capacity. He said the response was not what he had hoped for and the Town will need to cut back to accepting only 300,000 gallons and will have to ship out any additional or consider having to perform a hydrologic study to enable increased permitting. Dale said this would be addressed at the next meeting as well. He said he needs to respond to the DES by August 20th. Dale went on to say DES also wants to survey the area and that another option is to close the lagoons altogether and ship all septage disposal material elsewhere such as to: Berwick or Somersworth.
Dale told the Board the demolition debris, over-stuffed furniture and the like could also be shipped out via Waste Management or the Town could consider stockpiling and then annually have a tub grinder come in and grind everything up. He said the ground pieces are a little large but could be used as daily landfill cover versus using sand, as is currently done. Dale said the cost to grind is $10.00 per cubic yard and the Selectmen could review his information packet for further discussion on this, also at next Monday’s meeting. Paul wondered if construction debris is permitted, in advance, to allow the attendants at the landfill to prepare and Dale said no. Paul said the Town needs to be sure that the solid waste brought into the landfill comes only from Farmington and then asked about an
automated gate. Dale said he believes the cost to be around $3,000-$4,000. Paula asked about use of a flow meter for septage disposal and Dale said these are used at large treatment plants and are Mag meter or ultrasonic and very costly. Paula said she believes there is a less expensive means and said she would research it further and get back to Dale. Gerry asked what increased dumping amount is and Paul said 150,000 gallons. Both Gerry and Dale discussed effluent.
Dale said the long-term goals for this department are to make recycling mandatory. He said another alternative is that since it’s so costly to recycle the Town may want to consider not recycling at all. He said he’s not necessarily a proponent of this alternative, but said that economics may drive this. Paul disagreed.
Water Dept. Goals & Objectives
Dale said the mission of the Water department is to provide safe and adequate quality potable water. Gerry asked if the water storage tank was repaired and Dale said no, it was only cleaned and inspected, not repaired. He said the company that built the tank would work with the Town to perform the repairs, noting this is a risk to Farmington though because the tank would have to be empty for a period of two to three weeks and could present a problem if there was a large fire in Town. He said there are a host of things to consider, including the time of year to perform the repair work and that the only problem with the tank at this time is an aesthetic one, where water vertically leaks from the tank to the tank exterior. He said he would develop a basic plan for the Selectmen to better understand the
risks involved, adding that the work is scheduled to be performed in year 2005. Gerry asked about well #6 and the original agreement with Pike
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and CMC Materials. He said it is his understanding eventually the land would be given to the Town. Dale said he had written to them about six months ago, perhaps even longer and to date has not received a reply. He said in his letter he offered to buy the land. Discussion then ensued regarding the protective radius of the wellhead and the term length of the lease. Gerry said he believes it’s a 50-year lease with a 5% escalator clause.
Wastewater Dept. Goals & Objectives
Dale said the mission of the wastewater department is to provide the collection and treatment of waste, to meet DES standards. Gerry referenced the $85,000 spent to research the cost out options for the dewatered sludge or whether to thicken the sludge or ship it out. Gerry said this seems like a great deal of money for only the research of options. Dale said it’s hard to justify the expenditure of Capital equipment when taking into consideration the small amount of sludge collected. Chairman McCarthy said he feels it’s the Board of Selectmen’s fault for not assisting in providing Dale with a direction. Dale said he also needs to discuss with the Board whether or not to take over the Town’s private utilities. Paul Parker made a motion to postpone the Town
Policy until next week. There was no second to his motion. The motion failed.
Town Policy
Gerry said he didn’t care for the section of the policy, which states no Selectmen should participate in the administrative conduct of affairs for the Town. Paul disagreed, saying he feels administration should be left to the Town Administrator. Gerry said the Board should consider reducing the number of affirmative votes for Board officers to “a majority” versus “four members”. The other Selectmen agreed.
Rules & Procedures
Gerry said the Board should consider adding a policy for the setting of agenda for the Board of Selectmen. He said as it stands now the agenda is formatted by the Chairman and the Town Administrator, but he said if other members wish to have items present on the agenda, they should be able to have their items appear on the agenda as well without the fear that the Chairman wouldn’t allow it. Concerning the reprimand and removal of the Town Administrator, Gerry said the policy shouldn’t state that the Administrator shouldn’t be able to be removed without a hearing but should be able to be reprimanded using the method spelled out in the personnel handbook. He then talked about the section of the policy, which addresses the waiver of bid requirements. Gerry said the vote of four members
should really only be needed versus the entire Board (5 members) for the bid waiver. He then spoke about the appointment to Boards as to be in keeping with the applicable State RSA law. Paul said Board vacancies should be determined by quorum vote. Debate ensued about what constitutes a quorum for a vote, whether it is a quorum of the Board or a quorum vote of those present at a meeting (if only three present, then a quorum would be two). Ernie said the words, “by vote of three Selectmen” could be used. Gerry said both the Planning Board and a Selectmen’s representative should be able to serve on the Conservation Commission, as well. Paul Parker made a motion to accept the Town Policy, as amended with the stipulation to review the document in one year. Joan A. Funk seconded the motion and the vote was unanimous. Joan said in speaking with Brian Blake, Superintendent of SAU #61, he has requested a School
Resource Officer, due to not being in compliance with the requirements of a grant received. Matt said this is the responsibility of the School to have budgeted for this. Discussion then ensued about the outstanding issues with the School budget. Gerry said the Board of Selectmen need answers concerning the School budget.
Paul said discussion on the appeal to the ZBA has him wondering if the Board ever made a final decision to appeal the ZBA decision. He then referenced the letter from Attorney Laura Spector to the ZBA requesting a re-hearing. Paul Parker made a motion to request a re-hearing with the ZBA in accordance with issues outlined in the letter from Attorney Laura Spector, dated July 20, 2004. Matthew Scruton seconded the motion. Matt said he thought they had done that already and Paul replied that they needed the letter pointing out the points the Board of Selectmen were challenging prior to voting to request the re-hearing. The vote unanimous. Paul Parker made a motion to enter non-public session, pursuant to NH RSA 91-A:3 (II) to review and discuss planner resumes.
Paula Proulx seconded the motion. The roll call vote was: Gerry-yes, Joan-yes, Matthew-yes, Paula-yes & Paul-yes. The time was 9:30 p.m.
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Public session adjourned.
Respectfully submitted,
Lynn C. Seaboyer
Admin. Asst.
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Gerald McCarthy, Chairman
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Joan A. Funk
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Matthew Scruton
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Paula Proulx
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Paul Parker
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