TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, June 25, 2007
Selectman Present: Chairman Gerald McCarthy, Martin Gilman, Paula Proulx (arrived at 6:13pm), and Joel Chagnon.
Selectman Excused: Joan Funk
Public Present: Jane Wingate, John Wingate, Water/Wastewater Dept. Head Dale Sprague, Ed Leonard of Wright-Pierce, Steven Dean and Cindy Snowdon.
Chairman Gerry McCarthy opened the meeting at 6:00pm.
Chairman McCarthy informed the Board and the Public that Paula Proulx would be a little late tonight.
1. Public Comment
A. Steven Dean informed the Board that the rope on the Downtown flagpole is broken and needs to be retied. Gerry responded that he will speak with the Fire Chief to see when this can be done. Mr. Dean added that the CAPP office is planning to put in cubicles for privacy in their office and to do so will need the rather large table removed that is in there. Mr. Dean stated he will see if the Rec. Dept. would like to use it but if they don't he would like the Town to take care of it. Lastly Mr. Dean stated that even though the Board decided earlier this year against creating a "trash bin" for the CAPP office he would like for them to respectfully reconsider the decision.
B. Jane Wingate read a letter she prepared to the Board regarding the Town Policies current "illegal" requirement to have four votes to hire a town administrator. (Her letter is included with these minutes as a matter of public record). Gerry responded that he did get an official written legal response on this issue and plans to discuss it with the Board tonight during non-public session and then will share it with the public.
Paula Proulx joined the meeting at 6:13pm.
2. Review of Minutes:
A. Marty Gilman motioned to accept the non-public minutes of 6-4-07 as amended with one word change, Paula Proulx seconded. Motion carried.
B. Paula Proulx asked for the non-public minutes of 6-11-07 be tabled until the non-public session tonight. The Board was in consensus that this was okay.
C. Paula Proulx motioned to accept the public minutes of 6-11-07 as amended to clarify item 9(e), Marty Gilman seconded. Motion carried.
3. Discussion with Town Assessor, David Wiley and Campbell Commons Representative Cindy Snowdon:
Ms. Snowdon, President of the Campbell Commons Homeowner's Association, questioned why the residents of Campbell Commons are being taxed on the 30 acres of common land that "belongs to RSA Development." She also questioned the "outrageous" amount that this area is assessed at.
Mr. Wiley explained that according to the Declaration and Homeowners Bylaws that are on file with the Town it states that the "common area" would be relinquished to the association four months after 67% of the lots were sold. That time is now and therefore the association is being taxed for the use of the property. Ms. Snowdon responded that she has paperwork stating that Mr. Campbell retained the common area and still owns it. Mr. Wiley stated then that would be a civil matter between the association and Mr. Campbell, not the Town who is only following the Bylaws and Declarations on file.
Mr. Wiley also explained that several years ago when the development was new the Town did not know exactly what the homes would be selling for, so assessed the lots at $50,000 and added 35%, which is typical of how these types of developments are assessed. However, due to the recent interest in the property Mr. Wiley would suggest that the Board of Selectmen correct the assessment to $52,700, which he now knows, is a truer assessment.
Lastly, Ms. Snowdon questioned the Board as to why RSA Development is still excavating at Campbell Commons. Gerry responded that RSA needs to excavate the common area to get it down to grade so it is useable, plus he needs to finish the last six lots. Ms. Snowdon questioned why all the storage bins and materials are still located within the development. Gerry responded he was unaware of this and will task the Code Enforcement Officer, Dennis Roseberry to look into the situation immediately. Ms. Snowdon closed with asking for the Town to come up with any final decisions regarding compliance within Campbell Commons before mid-August because the associations first court date is on August 30, 2007.
4. Water/Wastewater Department Issues:
A. Wastewater Plant Upgrade Discussion: Ed Leonard from Wright-Pierce explained to the Board that the Land Based Discharge testing they have been doing so far is encouraging and should be complete in the next two weeks with the report being available in about 2 months. The initial testing shows there should be enough land for year round discharge instead of seasonal. Gerry questioned why the Town would want to go to all land based discharge instead of using the river some of the time which would be more cost effective. Mr. Leonard explained that the State has decided they will not be completing any TMDL studies and in order to use the river this study would need to be completed at the expense of the Town. Gerry asked Mr. Leonard to get in writing from the State that they will not be
completing the TMDL studies, Mr. Leonard stated he would do that. Paula asked if Mr. Leonard could get a cost analysis comparing the cost of a year round land-based discharge plant versus completing the TMDL study and having a seasonal land-based plant, he responded that he would do this as well.
Marty questioned if abutters to the land proposed for this facility would have protection. Mr. Leonard responded yes, there would be required setbacks and/or buffers.
Mr. Leonard informed the Board that the Town's new license goes into effect on July 1, 2007 and the EPA is already aware that Farmington will not meet some of the numbers. He came up with a proposed administrative order schedule for the Town to present to the EPA to show a timeline of what our plans are. He suggests finishing up studies this year, creating a plan and design in 2009 with construction to be complete in 2012. Marty questioned what happens after construction and there is contamination in the river, who would be responsible. Mr. Leonard responded that it would depend on what the contamination was from but if it was a design issue than Wright-Pierce would be responsible.
Mr. Leonard asked the Board to think of any justification for pushing construction out to 2010. Paula stated that the Town is looking at possible landfill closure as well, which will be a huge expense. Mr. Leonard suggested that the Board look into what other bonds the Town has and when they will become due. Dale Sprague said he would check with Pam Merrill.
B. I/I Study Update: Mr. Leonard proposed to provide additional services utilizing part of the $10,000 allowance budgeted for "Additional Investigations" for ; a.) additional data reduction; b.) tv inspection document review and incorporation and; c.) update GIS mapping for a total of $6,600.
Paula asked Dale Sprague if he would recommend these additional services and Dale responded with a definite yes. Marty Gilman motioned to approve the $6600.00 for Wright-Pierce to complete Task A,B, and C, Paula Proulx seconded. Motion carried.
Marty stated that the new plant should include a place for septage haulers to dump. Mr. Leonard stated this is in the pre-plans and there are even separate grants that can be applied for to assist with this.
C. Sewer Use Ordinance: Dale presented the Board with a proposed Sewer Use Ordinance for them to review a few weeks ago. The Board shared their comments about this Ordinance.
Gerry commented on:
1. Section 2.1(i) - stating that the requirement could put an expensive hardship on residents. Paula asked Dale how many homes would this effect if it was to become effective today. Dale responded none it would just be on any new developments.
2. why only 1985 functioning septic systems or newer can be waived? Dale stated this from the State but he will check for the reasoning.
3. section 2.2(c) - Does the homeowner have recourse against a contractor;
4. section 2.2(h) - there could be a potential hardship for a lift station expense;
5. section 2.3(b) (2) - Is it the homeowner's responsibility to do testing. Dale responded no this is for commercial/industrial only;
6. 2.2(i) - What do will we do with people who have no alternative. Dale stated they would be kicked off and that he has addressed the majority of these residents already successfully;
7. 4.9(a) - Will we need to amend this when we get the new plant. Dale stated yes.
8. 15.2 - Why isn't the Board of Selectmen included in this. Dale will add them.
Paula asked:
1. If the Town needs to worry about Storm Drain Run-Off into the Cocheco River. Dale responded that our population does not call for it however the Cocheco Coalition has some ideas they would like to discuss with the Town. Paula asked if there would be any circumstance in which the Town would have to treat Storm Water Run-Off at the Wastewater Plant. Dale responded no.
2. If there is anything in this proposed Sewer Ordinance that says the Town will do periodic analysis. Dale stated that we could if we wanted to but would more likely do split sampling/testing. Paula suggested adding wordage to address that.
3. What triggers local limits in section 2.5 and how is that established? Dale stated that according to Wright-Pierce these numbers would come from an analysis that can be done when the plant is upgraded.
4. Section 2.5(b) - What are the perimeters for waivers? Dale will work on this. Paula also suggested bringing this document to TRC meetings and Dale responded that it was his plan to.
5. Section 3.1 - Is there anything in the document to give authority to Dale to make sure the pre-treatment facilities are working as planned. Dale stated that he will add wording to say that increased sampling will be done for the first six months to one year to insure the systems are working as designed.
6. Section 9.6 - What triggers Cease and Desist Orders? Dale will look for more concrete wording.
D. Abatement for Robert Goodwin: Dale stated that the water service line to Mr. Goodwin's home froze over the winter and he was unable to unfreeze it therefore Mr. Goodwin ran a garden house from his rental unit to his home for water and had to keep it running so it would not freeze. Dale recommends abating $226.27 for sewer and $106.91 for water and stated that he has plans to fix this water line this summer. Paula asked if the Town ever did this type of abatement before when water has frozen on residents. Dale stated he believes so but would have to research it, but also that the septic amount never went through his rental sewer because he has his own septic system at his residence where the water would have gone.
Marty Gilman motioned to abate $226.27 in sewer fees for Robert Goodwin, Joel Chagnon seconded. Motion carried with all in favor. The water abatement was tabled until the next meeting when Dale has had time to do some more research.
E. Abatement for Dennis Scruton: Dale stated that Mr. Scruton is requesting an abatement because he had a massive water leak in which the water lost did not get returned to the sewer. Dale recommended abating $473.88. The Board requested that Dale have Mr. Scruton substantiate the leak with invoices from a plumber, etc.
5. Application for Economic Development Commission:
Barry Elliot applied on behalf of AJ Cameron Sod Farms, Inc. Marty Gilman motioned to approve Barry Elliots appointment to the Economic Development Commission, Joel Chagnon seconded. Motion carried.
6. Town Policy Review:
This item was tabled for tonight's meeting.
7. Discussion on Fuel Bids for Farmington Day Care:
Gerry stated that the Municipality and the School District do not have to pay taxes on their fuel and do not believe that the daycare is actually eligible for this tax break. Paula stated the Farmington Day Care was doing this in the past but that the Town has no record of this being formally okayed. Marty stated the Town should run an ad in the Foster's requesting bids for the Municipal and School Oil for 2007-2008 season. Paula asked if the library is included on the bid, and Gerry stated he would check with Pam. The Board concluded that private entities such as the daycare should obtain their own bids.
Paula Proulx motioned to allow the Municipality and the School District to be part of the 2007-2008 fuel bid, Marty Gilman seconded. Motion passed with all in favor.
8. Updates/Correspondence:
A. Marty Gilman moved to approve the Class of 2009 carwashes on June 30, July 14, and August 11, Paula Proulx seconded. Discussion was held that a student signed the form and a school official or advisor would need to sign it before the Board signs it. Motion carried with all in favor.
B. Doc Quinn's family would like to purchase a granite stone bench in memory of Doc Quinn and place it in Edgerly Park. Marty Gilman motioned to accept the granite bench and to have the family contact Joel Moulton for the placement of the bench, Paula Proulx seconded. Motion carried with all in favor.
C. Dennis Roseberry recommended that the Board renew the Campground permit for Carl Garland to operate his five site seasonal campground known as Garland Campground. Joel Chagnon moved to renew the Campground Permit for Carl Garland, Marty Gilman seconded. Motion carried with all in favor.
D. The Planning Board sent forth a memo requesting the Board consider relieving Orvis/Drew, LLC(who represented Donald Littlefield) from $82.50 in fees that were submitted by Strafford Regional Planning Commission. Mr. Orvis claims that these fees are inappropriate because his company feels that the Town Planner should have the knowledge to answer the "simple wetland questions" without researching. Paula stated she would like to hear from the Planner, Julie LaBranche to see what her feelings are on this charge. Paula Proulx motioned to table this request for waiver of fees for Orvis/Drew, LLC until the Board can get a response from Julie LaBranche, contract planner from Strafford Regional Planning Commission, Marty Gilman seconded. Motion carried with all in favor.
9. Other Business:
A. Joel asked if Joan Funk can vote through a conference call. Gerry informed the Board that Attorney Bates stated she can participate in the meetings and vote via a conference call but that it could be challenged because there has been no precedent set. Attorney Bates feels that he could defend the issue if it ever was called for. Gerry stated that Ed Mullen is currently working to set-up a phone so Joan can join the meetings.
B. Joel stated that he noticed all the work being done on School Street to identify the one-ways and stop signs but has not see any work being done at the 3-way stop at the School Street and Orange Street intersection. Gerry responded that the signs should be coming.
Marty Gilman moved to go in non-public session under RSA 91-A:3.2.(a) and (b), Joel Chagnon seconded. Roll Call - Martin Gilman (yes), Paula Proulx (yes), Joel Chagnon (yes) and Gerry McCarthy (yes).
C. Gerry informed the Board that the July-August contract came in from Strafford Regional Planning Commission. Marty Gilman moved to extend the Strafford Regional Planning Commission Contract until August 31, 2007, Paula Proulx seconded. Motion carried with all in favor.
Marty Gilman motioned to adjourn, Joel Chagnon seconded. Motion passed with all in favor.
Meeting adjourned at 10:25pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Gerald McCarthy Vice-Chairman, Martin Gilman
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Paula Proulx Joel Chagnon
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Joan Funk
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