TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday - February 11, 2008
356 Main Street, Farmington, NH
Selectman Present: Chairman Gerry McCarthy, Paula Proulx, Martin Gilman, and Joan Funk
Selectman Absent: Joel Chagnon
Town Staff Present: Town Administrator Tony Mincu, Police Chief Scott Roberge, Lt. Kevin Willey, Public Works Director Joel Moulton, and Water/ Wastewater Superintendent Dale Sprague.
Public Present: John Hannigan, Alicia Stickney, JoAnn Doke, Donna Thibault, Gail Ellis, Charlie King, Cindy Snowdon, Dennis McMann, and Bill Snowdon.
Chairman Gerry McCarthy opened the meeting at 6:02 pm.
1. Public Hearing: CDBG Project:
Chairman McCarthy opened the public hearing for the Samco CDBG Grant Project. Dennis McMann stated that the grant has been very successful in creating an additional 3.5 full-time positions and retaining 16. The Board praised their efforts, noting a job was well done.
Chairman McCarthy closed the public hearing at 6:12 pm.
2. Review of Minutes:
The minutes of 2-4-08 were tabled so that all Board members could get a copy.
3. Public Comment:
A. Cindy Snowdon, resident and president of the Campbell Commons Homeowners Association asked to speak. Chairman McCarthy responded that he would not allow comments about or concerning the litigation of Campbell Commons. He stated that he does not feel it is appropriate or proper to discuss this issue until the process has gone through the court. Ms. Snowdon questioned the decision asking if she understood correctly that the residents of Campbell Commons may not discuss any of their issues tonight and Gerry responded that nothing Campbell Commons specific should be spoken of because of the lawsuit. Ms. Snowdon then asked "where is the accountability of the Town then?" Gerry responded that the Board and Town has been working very hard on this, but he can not allow any more
discussion because of the pending litigation. Ms. Snowdon stated " as a taxpayer she is very concerned about the amount of money that has been expended on attorneys due to developers errors." Gerry told Ms. Snowdon to sit down and that he would not allow her to speak further.
Chairman McCarthy closed the public comment at 6:24 pm.
4. Department Heads:
A. Police Department
1.Parking space in the downtown area: Chief Scott Roberge stated that it was brought to his attention that a downtown business owner would like the police parking space moved or removed from the downtown area and he strongly opposes that. Scott stated that this guaranteed spot allows the police close proximity with appropriate visual line to all downtown areas, especially the bank. He noted that he has reviewed the downtown for another good spot and was unsuccessful.
Marty commented that he agrees with the Chief and also noted that if there was a vehicle parked in that spot all the time it would be blocking the crosswalk. Scott added that the space is vital to the department in that it allows easy access, visualization and proximity tot he downtown area. Gerry commented that he does not agree with the Chief and that there must be another spot the department could utilize. Paula stated that one concern a resident brought to her attentions is that the cruisers are sometimes parked elsewhere downtown and would request that in non-emergency situations the department only utilize that spot. Marty Gilman motioned to leave the downtown police parking spot as
is and have the department utilize that spot for all non-emergency issues, 2nd Paula Proulx. Motion carried with Gerry McCarthy opposed.
2. Flagging: Gerry asked if the department could provide a flagger for the street light conversion. Scott replied that he can not use an on duty officer because he does not have the extra body, but could offer someone on overtime. Marty commented that he would like the police flagging for at least the downtown conversion. Scott replied that if the work is blocking the road for over 45 minutes it would require police detail. Gerry asked if the Public Works could flag in the non-busy areas, Scott replied that would be okay with him.
3. Other: Scott asked for the Board to sign his form for the department to be eligible for drug forfeiture funds.
Gerry stated that he has had some complaints about the way the fundraising tickets for the department have been being solicited. Scott replied that he has used this company for the past several years and that if anyone has any complaints they should call the police department directly.
B. Public Works Department:
1. Grader repairs: Joel Moulton stated that Champion is offering a plan to save the town $2,658.39 on the parts for the grader repairs but need to know if the town is going to take advantage of the program by 2/12/08. Joel stated that these parts could be bidded out but anyone who would bid for them would add their costs because the parts have to be purchased through Champion. Joan questioned if Joel has the money in his budget to cover the cost if his budget does not pass at town meeting. Joel said no. Paula asked if the parts have to be paid for before the job is complete and Joel explained that the parts and labor will all be paid for at the same time when the job is complete and if the repair did not pass the town
would just have to pay a $3400 restocking fee.
Paula asked if it is a necessary repair and Joel said yes, without the repair the grader will have to be taken out of commission. Marty Gilman motioned to allow Joel Moulton to order the parts for the grader repairs if he can get the guarantee from the company that the town will not be billed until the job is complete, 2nd Paula Proulx. Motion carried with Joan Funk opposed.
C. Water Sewer Department:
1. Administrative Order: Dale Sprague reported that he received an email from the engineers that Joy Hilton of the NH EPA is putting together an administrative order against the town. He stated that the town knew this was coming, and was just unsure when. Dale explained that the administrative order will set up milestones and timelines in reference to the wastewater facility replacement.
Gerry asked if Wright-Pierce has been working on how to proceed in accordance with what has been discussed with the Board thus far. Dale replied yes and that the Town’s next move will depend on what is identified in the administrative order as needing immediate action. Dale cautioned that the town wants to be careful not to offer immediate solutions that the EPA does not mandate because we want to save as much money as possible to put towards the new facility. Paula asked if the Board will be meeting with Wright-Pierce once they get the administrative order and before meeting with the EPA. Dale replied yes that he will set up a meeting as soon as the order is received.
2. Sewer Regulations: The Board reviewed the Draft Sewer Regulations. Paula commented that there are a few places within the document where “ordinance” was not changed over to “regulation.” Paula added that on pg. 13 in the top paragraph a sentence might need to be added that it is with recommendation by the Superintendent and the Selectmen. Joan added that this should probably be the same throughout the document. Paula added that on page 22 under 3-3 (accidental discharge) it states the superintendent “may ask” but it should read “shall ask.”
Marty stated that on page 13 under letter "I" it states anything within 100 feet will be hooked on to the system and questioned if this is a mandate. Dale replied yes, this is the minimum distance the RSA calls for. Marty then questioned what would happen if a company came in to town and built a connection that went past other properties, would those other properties then have to hook on. Dale responded that it would be a Selectmen decision at that point. Gerry asked what would happen if your home does not have the elevation required but it is within the 100 feet. Dale replied that they would be required to install a pump. Gerry inquired if the Selectmen have the authority to say someone does not have to connect. Dale replied no, it is in the RSA.
Cindy Snowdon questioned if the homeowner’s get some type of notice or time frame for connection and Gerry responded that the RSA allows for 90 days.Dale will make the suggested changes from tonight and forward the draft to the state for approval.
3. Abatements:
a. An abatement for John Ficco for $86.06 was forwarded. Dale said this should be approved because it was an error, the resident was charged for 6 months instead of 3. Marty Gilman motioned to abate the water bill of $31.59 and sewer bill of $54.47 for John Ficco, 2nd Joan Funk. Motion carried with all in favor.
b. An abatement for Richard Davey was presented. Dale said that the resident said his water hose broke and would recommend only abating the sewer at $73.24 because the water was absorbed in the ground. Joan Funk motioned to approve the abatement for sewer for $73.24 for Richard Davey, 2nd Marty Gilman. Motion carried with all in favor.
4. Sewer Pump Station Draft Agreement:
Dale provided a revised draft to the Board. Joan asked if in number six the 10% bond is sufficient. The Board decided it was. Gerry questioned who the owner is in number 5. Dale replied the owner is identified on the front sheet as the original owner/developer. The Board decided it would be better to identify the owner as “original” throughout the document so there is no confusion. Cindy Snowdon asked when the bond would be started that is discussed and Gerry replied it would be from the date of acceptance by the Board.
Tony stated that Dale and him will need to review the entire document and identify “board” as being either the selectmen or the planning board. The Board discussed that in number one the Selectmen would need to know. Tony replied that the cleanest way would be a moratorium on pump stations and if someone has extenuating circumstances they can approach the Board of Selectmen for approval.
Cindy Snowdon asked if it would be possible for the public to get a copy of the new draft being created before the next meeting. Gerry replied that he is not sure when it will be brought forth for public hearing but it will be posted on the Selectmen agenda and the drafts can be ready for the meeting. The residents asked if the draft could be made available on the website and Gerry said sure.
6. Other Business:
A. Gail Ellis requested a town line sign being installed on Ten Rod Road for emergency purposes. Gerry will look into this and have it installed.
B. Tony noted that the 2007 Town Meeting was published in the Town and City Publication
C. Review of Town Report: Paula noted that warrants 17 and 18 are the same, Tony replied he will fix that. Marty commented that the political letters should not be included, the Board was in agreement. Paula asked for all the warrants regarding money to be put together. Tony asked if the Board wants to include the deaths, births and marriages and the Board decided yes.
Marty Gilman motioned to adjourn, 2nd Paula Proulx. Motion carried with all in favor.
Meeting adjourned at 8:26 pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Gerry McCarthy Vice-Chairman, Martin Gilman
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Paula Proulx Joan A. Funk
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Joel Chagnon
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