TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, January 28, 2008
Selectman Present: Chairman Gerry McCarthy, Martin Gilman, Joan Funk, Joel Chagnon and Paula Proulx.
Town Staff Present: Town Administrator Anthony Mincu, Water Department Head Dale Sprague, Planning Department Head Daniel Merhalski
Public Present: Charlie King, Bill Snowdon, John Fitch and Cindy Snowdon
Chairman Gerry McCarthy opened the meeting at 6:02 pm.
1. Review of Minutes:
A. Marty Gilman motioned to accept the minutes of 1/2/08 as amended for clarification to items D (3), D (4) and H (2), 2nd Joan Funk. Motion carried with Joel Chagnon abstaining.
B. Marty Gilman motioned to accept the minutes of 1/7/08 as amended to correct the spelling of Mrs. Loker's name, 2nd Joan Funk. Motion carried with Joel Chagnon abstaining.
C. Paula Proulx motioned to accept the minutes of 1/14/08 as amended for clarification to paragraphs 4(a), 6 (c) and 7 (a), 2nd Marty Gilman. Motion carried with Joel Chagnon abstaining.
2. Public Comment:
A. John Fitch asked if the Selectman could grant permission to residents to take wood from the dump to burn, to lessen the residents heating burden. The Board was concerned with liability issues but instructed Tony to check with Joel Moulton about the feasibility of allowing this and to check with legal counsel concerning the liability.
Mr. Fitch also noted that the "municipal parking" sign needs to be raised so that it can be seen and that there are a lot of signs in the downtown area that need to be addressed.
B. Marty commented that Sunday's Dancing With The Stars fundraiser for the rec. was a huge success and announced a job well done to all those involved.
3. Department Heads:
A. Fire Department -
1. Warrant Article for Mutual Aid - Tony informed the Board that the Fire Chief Rich Fowler would like to propose a warrant article concerning mutual aid for surrounding towns but that he was unavailable for tonight's meeting. The Board decided to wait until next week when they could get more information from Rich before making any decision.
B. Public Works -
1. Ten Rod Road Bridge Surplus Monies - Tony informed the Board that according to DRA the $51,730.64 that was unexpended in the Ten Rod Road Bridge replacement should go into the unreserved fund balance though Joel Moulton would like it to go towards the Bay Road Bridge repairs. Joan commented that she thinks the money should go in the fund balance because she is unsure of how much work Joel Moulton can accomplish this year. Paula and Gerry both commented that the original warrant should be re-voted as a new warrant to use for the bridges and that maybe DRA misunderstood the funds came from a warrant originally. Gerry suggested Tony speak with Joel Moulton and DRA to get clarification.
2. Grader Repair Rebate - Joel Moulton forwarded information to the Board about a program from Chadwick-BaRoss that will allow an initial $250 credit and 10% of all parts for the grader repairs for a potential savings of $2,658.39. Tony commented that he is not sure how the Board can approve this expenditure when the budget that includes the repairs has not gone to town meeting yet. Paula stated that if the repairs have to be done no matter what they it might not make a difference, because Joel M. will have to find the money for the repairs whether his budget passes or not. Gerry asked to table the item and have Joel M. come to the next meeting to explain the program a little further.
3. Winter Street Gate - Joel M. requested permission to open the Winter St. gate in the event of any storm related emergency (snow or flooding) so emergency access can be maintained continuously. There was a lengthy discussion as to what is currently happening with the lock and lock box and to the legality of plowing snow on private property. A resident present noted that he would like to see the gate open during these emergency events so that emergency vehicles have access. The Board decided to look further into the different issues happening with this gate before rendering a decision.
4. New Business:
A. Ten Rod Road: Road Repair Insurance Reimbursement - Tony informed the Board that Western Maine Timberlands, Inc. caused some damage to the road in July of 2007 when working on a site. The cost to repair those damages was $2,100. The insurance company is now offering $1,575 as a settlement. Paula commented that they should have been required to bond their work and Gerry replied that the Town now has a policy that required that bonding. Charlie King inquired as to what recourse the town has against the landowner who hired the contractor. Marty Gilman motioned to sign the release to accept the proposal by Acadia Insurance for $1,575, noting that the Town now has a new policy that requires bonding for such work, 2nd Joan Funk. Motion carried with all in favor.
5. Old Business:
A. Pump Station Acceptance Agreement Draft - Paula commented that the original draft agreement the Board received dealt with pump stations from the ground zero and up and this one seems like it is for existing stations. Paula also questioned who "owner" refers to in the agreement. Dale explained that "owner" is described in the beginning of the document as the developer. Tony added that Attorney Tim Bates suggested the changes in this second draft.
Joan questioned what would happen if a homeowner's association became defunct that was part of an agreement and Dale responded that he was unsure.
Dale commented that in Section 19 he found a few areas that might require some clarification and that he would forward his recommendations to the Board before the next meeting. Dale aslo commented that he feels the Board needs to look at the entire septic system and not just one particular pump station, when designing this agreement.
Paula asked if the document calls for insurance prior to acceptance that would deal with catastrophic failure. Dale replied that in 19 (d) there is this provision but that he could add environmental damage to the list. Paula then asked if the 10% performance bond in section 6 is going to be sufficient. Dale responded that he was unsure how much the Board would like to set the bond at but that 10% would be reasonable, Marty agreed.
Marty commented that he knows the State does not require a generator but he would like the Town to require one. Dale responded that he could add that. Dale added that he will check with Kathy Seaver to see if the service bills for pump stations are attached to all users of the station.
Cindy Snowdon asked if there will be copies of the draft agreement for the public to review and Gerry said there will be copies available at the meeting and after noon on Monday, February 11, 2008.
B. Annual Report Dedication - The Board decided to dedicate the Annual Report to Buddy Stiles, Lee Russell, Rufus Ronlick and Marianne Boots Quinn and will each work on compiling information about these people for the next meeting.
C. Warrant Articles - The Board reviewed each warrant as listed.
1. Future Technologies – all set
2. Library Alarm – all set
3. Purchase of Public Works Dump Truck – all set
4. Police Cruiser – all set
5. Public Buildings Maintenance – all set
6. Rec. Dept. Capital Reserve – all set
7. Guild – Board to not recommend because they want the item in the budget.
8. Public Safety Building Capital Reserve – all set
9. Fire Equipment Capital Reserve – Board questioned what the CIP is calling for and if it is the correct amount needed. Tony will look into it.
10. Emergency Medical Motorized Equipment – set
11. Coast Bus – Board will not recommend because they want it back in the budget.
Joel C. questioned what authority the budget committee has with the budgets and the warrants; can they remove items from the operational budget and put it in a warrant. Tony will clarify.
Paula stated that warrants are still needed for the personnel separation, Preservation Guild, reval, and the bridge. She also questioned if the encumbrances for the guardrails and the cutting edges have been completed. Tony will look into it.
5. Other:
A. Paula inquired as to what is happening with the LGC request for the town to take part in the retirement litigation. Marty Gilman motioned to approve the $343.69 to cover the Town’s portion of the litigation against the state, 2nd Joan Funk. Motion carried with all in favor.
B. Paula commented that the businesses downtown asked her to bring forth concerns about the downtown police parking lot. Tony will call the Chief to discuss this and make an appropriate decision.
C. Paula was also asked to discuss that there is no handy-capped parking on any of the streets downtown. The Board discussed that there are multiple spots in the municipal lot and at the bank.
Joan Funk motioned to go in non-public session under RSA 91:A.3. II (a) and (d), 2nd Marty Gilman. Roll Call – Marty Gilman (yes), Paula Proulx (yes), Joan Funk (yes), Joel Chagnon (yes) and Gerry McCarthy (yes).
Marty Gilman motioned to adjourn, 2nd Joan Funk. Motion carried with all in favor.
Meeting adjourned.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
__________________________ _________________________
Chairman, Gerald McCarthy Vice-Chairman, Martin Gilman
__________________________ _________________________
Paula Proulx Joel Chagnon
__________________________
Joan A. Funk
| 
