TOWN OF FARMINGTON
BOARD OF SELECTMEN
MEETING MINUTES
OCTOBER 2, 2006
PRESENT: Chairman Paula Proulx, Vice Chairman Paul Parker, Selectmen Gerald McCarthy, Marty Gilman and Bill Tsiros.
At 6:05 PM, Chairman Proulx called the meeting to order and asked everyone to join her in the Pledge of Allegiance.
PUBLIC INPUT
Joan Funk came before the Board and asked on behalf of the Downtown Committee to authorize funding for two projects. The Downtown and Business Committee would like to highlight two businesses in the Sarah Greenfield Park on Community Television for a cost of $50.00 each. Also, they propose to refurbish the two Welcome to Farmington signs. The Board estimated that it would cost approximately $225.00 for each sign. Gerry McCarthy motioned to authorize the Downtown and Business Committee to spend $100.00 out of the Sarah Greenfield Business account and $100.00 out of the bottom line of the Town budget for the Business Highlights. Paul Parker seconded the motion. All in favor. Paula told Joan to see Finanance Administrator Pam Merrill for purchase orders.
Joan then asked the Board if there has been any progress in developing a CIP Committee. Paul Parker responded that it is in limbo. Chairman Proulx stated that we do not have a Master Plan adapted, which is needed for a CIP; we are working off the old Master Plan. Paul Parker said we are hoping for the Master Plan to be adopted by December. Gerry McCarthy stated that in March he suggested that the CIP consist of 2 budget Committee members, 2 Selectmen, 1 Planning Board member and 1 School Board member. The Board will address this suggestion prior to forming a CIP Committee.
Steve Dean approached the Board with two questions: Where the flagpole issue stands and where the crosswalk request stands. Marty suggested contacting the Post Master who may be able to get the Town a flag for no cost. Mr. Dean stated that when the present flag is retired, he would look into replacing it with a smaller flag. He will check the distance from the pole to the wires. In response to the crosswalks, Gerry answered that he spoke with Joel who has not gotten a response from DOT and they did not show up when they said they would. Gerry will go to the DOT if they do not get an answer soon.
Norm Russell came before the Board to follow up on the Board of Selectmen and Planning Boards joint meeting. Mr. Russell handed out several documents including court decisions affecting Zoning and Land Use Regulations and the tenth annual Planning and Zoning Conference. Mr. Russell stated that the role of the Board of Selectmen is to represent and support the interest of the community and give direction to the Planning Board. He asked the Board if they have ever asked the Planner for his opinion on the direction of growth and development in our community. He stated that the burden of infrastructure should be the burden of the developer not the Town. Gerry stated that the Planner expressed a broad view of his opinion during his interview. Bill Tsiros said that this should not be discussed during Public Comment but
rather be put as an item on a future agenda. He also questioned if it was proper for Mr. Russell to discuss zoning ordinances since he is currently involved in a lawsuit against the Town for a ZBA decision. Mr. Russell stated that he is not referencing anything to do with the lawsuit but is speaking in general. Gerry stated that the lawsuit is now being appealed in Supreme Court and this discussion will not affect the outcome. Paula stated that, as she understands it, Mr. Russell is here to try and get the Selectmen to accept responsibility and hold accountable the Planning Board. Mr. Russell stated that applications from developers are lacking infrastructure, we can’t afford to overlook this. McCarthy added that these issues, including the Master Plan, really need to be addressed and asked to out them on a future agenda; the Board has a responsibility, it should be done.
Silvia Arquoette came before the Board with several concerns. First she asked for the amount of money the Town has spent on legal fees to defend the lawsuit. Paula told her she should ask Pam for a total. She then expressed her annoyance with the new landfill fees and stated that she is not getting any new services from the Town. Ms. Aroquetee then told the Board that she spoke to Joel Moulton and the past Town Administrator regarding her land on Perkins Ave. The Town road goes through her property. She had the land surveyed and stakes put on the property lines. She asked the Board to give her back her land and put the road on the Town land. Gerry said that that should not be a problem to fix. He will look into it for her.
PUBLIC HEARING
Pam Woodman and Dennis McCann of SEDC, Jeanine Lewis and Bradley Morse of Samco and Town Planner Paul Esswein were present. Informational handouts were made available to the public and will be attached to these minutes.
Chairman Proulx opened the Public Hearing for the Community Development Block Grant. Mr. McCann gave a brief summary of the reasons for the application for the grant by Samco. He stated that if the Town moves forward with this, Samco will be able to employ at least twenty new employees and will gain an edge in the market. When asked by Gerry if there was any risk to the Town, Mr. McCann answered no and that there is $15,000 included in the grant for administrative fees for the Town for advertising, audits and to hire a grant administrator. Marty asked if the Town attorney has looked at this contract, Planner Paul Esswein answered that the contract is run by the Attorney General for review and has the approval of the Federal Government. The only liability to the Town is if the grant administrator misuses the funds.
Jeanine interjected that these funds will stay in the area when they are paid back. Mr. McCann stated that it goes into a revolving loan fund available for projects eligible for CDBG grants.
Chairman Proulx opened the hearing up to public comment. There was no public comment. Chairman Proulx then closed that portion of the Public Hearing.
Chairman Proulx opened the Public Hearing for discussion of the proposed Housing and Community Development Plan. Paul Esswein explained that under the CDBG guidelines, the Town has to adopt a Housing and Community Development Plan. Esswein presented a draft of this plan which outlines 7 goals. A copy of this draft will be attached to these minutes. Chairman Proulx opened this portion of the Hearing up to public comment. There was no public comment. Chairman Proulx then closed this portion of the Public Hearing.
Chairman Proulx opened the 3rd Public Hearing for the Residential Antidisplacement and Relocation Assistance Plan. Paul Esswein read the attached plan in full. Chairman Proulx asked for public comment. There was no public comment. Chairman Proulx closed the Public Hearing.
Bill Tsiros motioned to accept the Housing and Community Development Plan as previously read at this meeting. Paul Parker seconded the motion. All in favor.
Bill Tsiros motioned to accept the Residential Antidisplacement Assistance Plan as read this evening. Paul Parker seconded the motion. All in favor.
Bill Tsiros motioned to approve the submittal of the application and to authorize the Chairman, Paula Proulx, to sign and submit the application and upon approval of the CDBG application, authorize the Chairman to execute any documents which may be necessary to effectuate the CDBG contract.. Paul Parker seconded the motion. All in favor.
Chairman Proulx signed the application, which was then notarized.
APPROVAL OF MINUTES
9-18-06 Non Public: Paul Parker motioned to accept the minutes as written seconded by Bill Tsiros. All in favor
9-21-06 Public: After clarification by Paula Proulx, Paul Parker motioned to approve the minutes as amended. Paula Proulx, Paul Parker and Marty Gilman in favor, Bill Tsiros and Gerry McCarthy abstained as they were not present at the meeting.
9-25-06 Public: After some corrections, Paul Parker motioned to accept as amended seconded by Gerry McCarthy. All in favor.
9-25-06 Non Public: Paul Parker motioned to accept as written and to seal the minutes for 90 days seconded by Bill Tsiros. All in favor.
Request from Trustees: A memo from Diane Berry and letter from DRA will be attached to these minutes. The trustees request approval to utilize the assistance of auditor Paul Mercier to comply with the DRA. Gerry McCarthy motioned to authorize the Trustees to seek the assistance of Paul Mercier to comply with a request by the Department of Revenue seconded by Marty Gilman. All in favor.
Discussion of Primex rates: In a letter from Primex dated 9-20-06, it states that the projected rate increase for Employee Health Insurance will not exceed 15.60%. They will provide final rates by 11-20-06. Paula Proulx stated that they could look at increasing the employee contribution or look at a lesser plan. Paula will get clarification from Pam Merrill on this issue.
Meeting Schedule for week of 10-09-06: Chairman Proulx explained that Monday is a Holiday and asked if the Board would like top meet another day that week to interview Town Administrator candidates. The Board agreed on meeting Wednesday, 10-11-06 in Non Public Session. Paula also reminded the Board that they will be meeting with Department Heads soon to go over their draft budgets. Gerry suggested asking the Budget committees members to sit in on the meetings.
CORRESPONDENCE
A letter from Janet Kalar regarding an abatement request form Collins and Aikman. A copy of Ms. Kalars letter will be attached to these minutes. In response to the letter, Bill Tsiros stated that her accusations are overboard and that the Board has conducted this matter within the legal boundaries.
A letter from resident Richard Weimert states that he has had an ongoing problem with poor water pressure. He also listed several other concerns in his letter, which will be attached to these minutes. The Board agreed to have Water Wastewater superintendent Dale Sprague look into the matter.
Seatbelt policy: Upon review of a request by Barbara Gheres, Chairman of the Joint Loss Management Committee, Gerry McCarthy motioned to reinstate the Motor Vehicle Seatbelt Policy for Town Employees. Bill Tsiros seconded the motion. All in favor.
The Board reviewed a letter from Packy Campbell of RSA ( a copy will be attached to these minutes), in which Mr.,. Campbell refers to the water/sewer connection fees as impact fees several times. He requests that the Board refund the fees paid to the Town since the fees were changed and rescind the increase. Paul Parker stated that Mr. Campbell’s idea that these are impact fees are a misconception, the increase is an adjustment to connection fees. Bill Tsiros asked what the definition of impact fees is and suggested they seek legal counsel to define this matter and to make sure they are within legal boundaries. Paul stated that Dale did the research and consulted with Attorney Tim Bates prior to his proposal. Gerry McCarthy motioned to deny Mr. Campbells request for a refund of Impact Fees for Campbell
Commons. Paul Parker seconded the motion. The Board agreed that they would ask Dale for supporting evidence that he consulted with legal and was advised that the fees were legal. All in favor, Bill Tsiros abstained stating he did not have all the facts. The Board agreed to ask Dale to a future meeting to help explain this issue.
Parmedic program: Fire Chief Richard Fowler was present to discuss this request. The program would cost $6995.00. Rich stated that currently, the Department intercepts with Frisbee Hospital and that is working out fine. Bill Tsiros asked Rich what the benefit to the Town would be to have a paramedic in Town and Rich answered that the response time is quicker. Bill Tsiros said it was not fair to other employees to pay for this education. Paul Parker agreed and said that it would be a can of worms; there is no guarantee that the employee will stay in the Town; without the proper policies in place, it would be difficult to start a program such as this. Paula Proulx argued that we pay for the Police Academy and there is a policy that they must stay employed here for three years or pay the Town back. Gerry stated
that he is not in favor of paying for the academy and that it is their responsibility to get the qualifications and then we can compensate accordingly. Gerry added that it should be consistent and a policy is needed. Marty added that the advantage to using Frisbee’s services is that the person owes Frisbee for services. Bill Tsiros added that the distinction between training and education should be recognized.
Town Hall Update: Chief Fowler stated that he met with the Fire Marshall at the Town Hall and that we do have to sprinkle the whole Town Hall. A copy of a memo from the FM office will be attached to these minutes. Rich stated that we could take the proposal that we have now and make the necessary adjustments to comply with the new requirements. Paul Parker said that he spoke with the Fire Marshall and he seemed receptive to phasing the project since funds are an issue. Marty stated that the Fire Marshall said that Chief fowler is ultimately responsible for the final decision and Rich responded that he would not go against the FMs recommendations. Marty stated that Shawn Bergeron is still in possession of a check; will they proceed with the services of Bergeron. Bill Tsiros said that we should take
the original plan, adjust it with the new recommendations, have the Chief get estimates, and compensate Bergeron for the work he has done and ask him for a refund of the balance. Paula agreed with Bill but added that first they should adjust the original proposal and then write RFPs for the sprinkler system. Gerry disagreed and stated that we should stick with Bergeron to get it done; he knows what needs to be done. Paul Parker agreed and stated that Bergeron knows all the nuances and we should continue the course. Marty added that the Fire Marshall recommended Bergeron in the beginning and he ahas worked with the FM on many projects. Marty will call Bergeron and ask him if he will redo the proposal and ask him to send a letter to the Board. Bill Tsiros stated that he has an issue with Bergeron’s contract, which does not include a clause of what if the proposal is not approved; there is no recourse for the Town. Gerry McCarthy motioned to have Shawn Bergeron continue with
the Town Hall Sprinkler System. Marty seconded the motion. Bill added to the motion that payment will be upon completion of the project. Gerry amended the motion and Marty seconded the amendment. 5 in favor.
Chief Fowler informed the Board that the Town Hall still has some inspection issues that have not been addressed including an extension cord, emergency lighting and trash storage. He will follow up with a memo to the appropriate person.
UPDATES:
Spaulding case: Chairman Proulx informed the Board that we have not received a decision from the courts in the Spaulding case yet.
School tax forms: There are two school tax forms outstanding from the school which were due to the DRA by September 1. This will hold up the setting of the tax rate. Paula stated that she spoke with School Superintendent Michelle Langa on this issue. The business administrator for the school promised to have them by last Friday. Paula will ask Pam to call the DRA to see if they received them.
Town Hall Lintels: Marty Gilman informed the Board that four roofers looked at the Town Hall Roof. Goslin Roofing is not interested in doing just part of the roof, Davis Roofing said it istoo high, Hall brothers could hire an outside contractor for a cost of $8,000 and Dutton Roofing of Rochester will do it for $4,400 ($1,500 of that cost is for the rental of a lift). Gerry McCarthy motioned to accept the bid from Dutton Roofing for $4,400. Bill Tsiros seconded the motion. Paul Parker asked Marty to provide the bids so they can be placed on record. Gerry amended his motion to include that the money for the repair will come out of the Town Hall Renovation fund and then review it at budget. All in favor.
Treatment Plant Draft Permit: A copy will be attached to these minutes. Paula told the Board that Dale has reviewed the draft and it is in a 30-day comment period.
Letter from DES re total coliform test results: A copy of this letter will be attached to these minutes. The letter is dated 9-22-06 and includes test results conducted on 9-20-06. Paul reported that the results look good.
Letter from DES re testing for bacteria in the Ella and Cocheco Rivers dated 9-11-06. A copy of this letter will be attached to these minutes. Planner Paul Esswein reported a complaint to the DES of pollution problems in the river, which he then reported to the DES. Paul Parker stated that this is an ongoing problem in trying to determine if failed septic systems along the river are causing pollution.
Ladder Truck: Paul Proulx stated that this issue needs some direction now. People are burning wood already. The choices now are to either set a Special Town Meeting to ask the voters to authorize the Selectmen to be the agents to expend the Capital Reserve Funds or allow Paula to call a meeting with Rich Fowler, Joel Moulton and Pam Merrill to discuss the option of repairing the ladder truck. Bill Tsiros motioned to have Chairman Proulx proceed with a meeting with Joel Moulton, Richard Fowler and Pam Merrill to discuss the the possibility of the ladder truck repaired in house contingent upon the cost, finding funds and if the mechanics have the time. Gerry McCarthy seconded the motion. Gerry added that Mutual Aid is still available. All in favor.
At 9:50, Paul Parker motioned for a recess, seconded by Marty Gilman. All in favor.
At 10:00 PM, Paula Proulx reconvened the meeting.
At 10:00 PM, Paul Parker motioned to go into Non Public Session per RSA 91-A:3 9a) (b). Marty Gilman seconded the motion. A roll call vote was taken: Paula Proulx – yes, Paul Parker – yes, Gerry McCarthy – yes, Marty Gilman – yes, Bill Tsiros – yes.
Ambulance billing discussion was tabled to a future meeting.
Discussion of insurance request by employees.
At 11:00PM, Paul Parker motioned to come out of Non Public Session seconded by Bill Tsiros. A roll call vote was taken: Paula Proulx – yes, Paul Parker – yes, Gerry McCarthy – yes, Marty Gilman – yes, Bill Tsiros – yes.
Department Head clarification: Gerry McCarthy requested to make a list of Department Heads. Bill Tsiros questioned whether the Welfare Director position is a Department Head.; it has never been considered so in the past. Gerry answered that the former Town Administrator made this position a Department Head position. The Board listed the Department Heads as follows:
Public Works Department: Joel Moulton
Water/Wastewater: Dale Sprague
Parks and Recreation: Kim Brackett
Planning and community Development: Paul Esswein
Town Clerk/Tax Collector: Kathy Seaver
Police Department: Chief Scott Roberge
Fire/EMS Department: Chief Richard Fowler
Welfare Department: Yvette Martin
Memo from DOT agent Mathew Low regarding bridge repair: copy attached to minutes.
Budget: Paul Parker suggested that because many of the lines are over expended, they consider having the Board review all purchase orders prior to approval. Paula advised against this stating that that could be a can of worms because any spending could get us in trouble.
Police Dog: Gerry McCarthy brought up the subject of the Police Dog and if the Chief is paid by the Sheriffs office we need to make sure the Chief is still working the 40 hours for the Town. Gerry McCarthy stated that he should keep a log of the hours put in and make sure he is working a minimum of 40 hours per week for the Town.
At 11:30 PM. Marty Gilman motioned to adjourn the meeting seconded by Gerry McCarthy. All in favor. Meeting Adjourned. (Finally!)
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Chairman Paula Proulx Vice Chairman Paul Parker
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Gerry McCarthy Martin Gilman
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William Tsiros
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