TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, March 31, 2008
356 Main Street, Farmington, NH
Selectman Present: Chairman Gerry McCarthy, Martin Gilman, Paula Proulx, Gail Ellis and Joan Funk.
Town Staff Present: Town Administrator Anthony Mincu, Public Works Director Joel Moulton, Code Enforcement Officer Dennis Roseberry, Fire Chief Richard Fowler and Parks & Rec. Director Don Gagnon.
Public Present: Cindy Snowdon, Penny Morin, JoAnn Doke, Bill Baxter, Harold Butt, Rebecca Howard, Packy Campbell, Cyndi Paulin, Sylvia Arcouette, Peter George, Mr. Littles and Diane Thayer.
Chairman Gerry McCarthy opened the meeting at 6:03 pm.
1. Nominations:
A. Gerry McCarthy asked Tony Mincu to take over as Chair for the nominations.
B. Paula Proulx nominated Gerry McCarthy for Chairman and it was seconded by Marty Gilman. Gail Ellis nominated Joan Funk for Chairman. Tony called for a vote on the nomination for Gerry McCarthy for Chairman and Paula, Marty and Gerry all voted in favor; Gerry McCarthy is the Chairman of the Selectmen for one year.
C. Gerry nominated Marty Gilman for Vice-Chairman and Gail Ellis seconded the nomination. Joan Funk nominated Paula Proulx for Vice-Chairman. A vote was taken for Marty Gilman as Vice-Chairman and Gail, Marty and Gerry all voted in favor; Marty Gilman is the Vice-Chairman of the Selectmen for one year.
Tony turned the meeting back over to Gerry McCarthy.
2. Liaison Appointments:
A. Gerry called for a volunteer to be the Selectmen liaison to the planning board. Marty nominated Joan and she declined. Seeing there were no volunteers, Gerry tabled the planning board liaison appointment until the next meeting.
B. Gail Ellis agreed to be the liaison for the budget committee. Gail and Marty agreed to be the liaisons to the CIP committee. Gerry agreed to be the liaison for the Conservation Commission. Joan agreed to be the liaison to the Downtown and Business Committee and Paula agreed to be the liaison to the Economic Development Committee.
Gerry asked the Board if they would mind bringing item 7B of the agenda forward because the presenters are ready and he would need to excuse himself. The Board was in consensus that it would be fine.
3. Country Club Presentation:
Marty and Gerry both excused themselves from the discussion and left the meeting room.
The President of the Farmington Country Club, Peter George, explained that the club is requesting a discretionary easement from RSA 79:C which would allow the golf course to set a piece of their property in current use and that this is common for courses. Mr. George explained that this easement would decrease their taxes and assist the club financially because they have experienced unforeseen expenditures due to the past two years of flooding. Mr. George stated that the club offers many resources to the town, schools and daycares and does not restrict public access to the club during the winter. He also explained that the buildings and the land surrounding them would be discluded from the easement.
Joan asked what the difference would be in tax dollars if this easement is granted. Mr. George replied it would depend on the tax assessor but he would guess it would bring the tax responsibility down 30-40% which would bring the assessment to about $600-$750,000. Gail asked if this request is primarily based on the unexpected expenditures from the past floods and Mr. George replied yes and the low membership due to the economy. Paula noted she would like to see a copy of the RSA 79:C and hear Dave Wiley comments on the request. Tony said he would speak with Dave Wiley and contact the Country Club with the next meeting time.
Gerry McCarthy and Marty Gilman were reseated.
4. Town Committee and Board Appointments:
A. Joan Funk motioned to appoint Kristie Vickers Holtz to the conservation commission to one year, 2nd Marty Gilman. Motion carried with all in favor.
B. Joan Funk motioned to appoint Jim Horgan to the conservation commission for one year, 2nd Marty Gilman. Motion carried with all in favor.
C. Joan Funk motioned to appoint Elmer "Butch" Barron to the Zoning Board of Adjustment for a term of three years, 2nd Marty Gilman. Motion carried with all in favor.
D. Joan Funk motioned to appoint Gerry Gibson to the Planning Board for a term of three years, 2nd Marty Gilman. Motion carried with all in favor.
E. Joan Funk motioned to appoint Cindy Snowdon to Planning Board for a term of three years, 2nd Marty Gilman. Motion carried with all in favor.
5. Public Comment:
A. Penny Morin, resident of Ten Rod Road, stated that her road is in terrible condition and questioned how the Town is planning to address the road conditions with the grader being out for repairs. Joel Moulton replied that his crew has been working on the roads to the best of their abilities with the loader, but can only work on the roads when the weather permits. Joel added that the grader should be back in town in the next few weeks and come in under the budgeted $31,000.
Joan commented that there seems to be a number of road complaints and asked Joel if he has been contacting the residents who have been complaining. Joel responded that he has responded to all the complaints he has received and that he is limited to the sections of the roads he can repair with the loader and when he can work due to the weather.
B. Charlie King asked how much the longer the bands would be on the roads and Joel replied another 2-3 weeks.
6. Department Heads:
A. Planning and Codes -
1. License Renewals -
a. Dennis Roseberry informed the Board that he would recommend renewing Peaceful Pines' and Farmington Ridge's Mobile Home Park licenses. Paula asked for clarification on what Dale Sprague was requesting from Peaceful Pines. Dennis explained that Dale said he was happy with what he has received thus far from Peaceful Pines but is still looking for the locations of the shut-off valves and the homes themselves. Marty Gilman motioned to renew Peaceful Pines’ mobile home park license with the condition that they furnish the shut-off valve and home markings and renew the Farmington Ridge mobile home park license, 2nd Gerry McCarthy. Motion carried with all in
favor.
b. Paula Proulx motioned to approve the license renewal for Garland's Camping Area with the condition that they make repairs to the two (2) receptacles Dennis noted and supply the town with a water quality test, 2nd Marty Gilman. Motion carried with Gail Ellis abstaining.
c. The Board agreed to address Beaver Pond Campground at a later meeting when more information was available.
2. Junkyard Permit Renewals -
a. Dennis informed the Board that Randy Zampieri made vast improvements to his junkyard and met all contingencies from last year's renewal and would recommend the Board renew the permit again this year. Joan Funk motioned to renew the junkyard permit for Randy Zampieri, 2nd Marty Gilman. Motion carried with all in favor.
b. Dennis explained that Bill Baxter met 3 out of the 4 contingencies from last year's renewal and that the only item not met was the installation of the concrete pad. Dennis stated that he made vast improvements, noting that he removed 90% of the tires (about 15,000) when he only was required to do 50% and would recommend renewing the permit this year with the condition of installing the concrete pad. Joan Funk motioned to renew the junkyard permit for Bill Baxter contingent upon the installation of a concrete pad by July 30, 2008, 2nd Marty Gilman. Motion carried with all in favor.
c. Dennis stated that Harold Butt met all the conditions of last year's permit and recommended the Board approve this year's permit contingent upon Mr. Butt reducing the number of tires and vehicles again this year by 50%. Marty Gilman motioned to renew the junkyard permit for Harold Butt contingent upon Mr. Butt reducing the number of tires and vehicles on the property by 50% (about 75 tires and 2 vehicles) and Dennis checking the site for compliance by July 30, 2008, 2nd Paula Proulx. Motion carried with all in favor.
d. Dennis noted he received a junkyard permit today and will bring it to the board in the near future for approval.
B. Fire/Rescue Department -
Fire Chief Rich Fowler stated that the Middleton Town Meeting has come and gone and he thought he should come back to the Board for direction. Rich stated that he has responded to six EMS calls in Middleton so far this year and they were all due to non-staff issues and that Middleton decided to form a committee to discuss a plan to address the EMS issue for the 2009 town meeting. Gerry asked Rich what he would recommend for a plan of action and Rich replied that he would suggest setting a limit of the number of calls (like 20-25) Farmington will make to Middleton for EMS and then charge them a fee after that many. Joan asked if Farmington runs the ambulance to Middleton is there coverage in Farmington. Rich replied during the day yes and generally at night but there is no 100% guarantee,
however he could call in for line coverage from Frisbee. Joan asked if the Town should consider limiting the times for responding to Middleton calls to during the day and Rich replied the Board could decide to do that. Marty asked what the typical call time is for the ambulance and Rich replied between 1 1/2 - 2 hours. Joan then asked if Middleton has the option to call other towns besides Farmington and Rich responded yes and that if they didn't then Farmington would have assisted them 16 times this year. Joan commented that she is not comfortable leaving Farmington unprotected EMS wise when answering a call in Middleton.
Paula asked if Rich feels six calls is excessive for mutual aid and Rich replied no that he feels Middleton is trying hard to contact other neighboring towns to keep the number of calls down to Farmington. Paula suggested continuing as is with Middleton mutual aid and have Rich continue to monitor the number of calls to make sure they are not becoming excessive or a burden to the Town. She asked Rich to monitor the calls on a monthly basis and come back to the Board with any concerns. Rich also agreed to call the billing department to see how many Middleton calls were reimbursed for, so that the Town does no get "stuck" with the unpaid bills. Gerry said the Town should definitely charge Middleton for any calls that were not paid.
C. Public Works -
1. Levee Maintenance - Joel Moulton reminded the Board that the US Army Corp of Engineers have implemented stricter maintenance standards for the levee on both the inboard and outboard areas along the levee. Joel said that he drafted a letter he would recommend sending to land owners along the Cocheco River from Main Street to Tappan Street to explain the standards and would recommend holding a public hearing to answer any questions the residents may have. Joan questioned if the tree in the river discussed over the past several years would be included in this and Joel replied no, that the property is not included in this levee area. Marty asked if the maintenance is on both sides of the river and Joel replied no, only on one side.
Gail stated that there might be less confusion with the content of the letter if Joel better defined who would be doing the work and bearing the costs. Paula asked if an inspection template is used to create his maintenance schedule and Joel replied yes and that the Army Corps comes in to do an inspection once a year. Joel stated he would ask the Army Corps if they could have a representative available for the public hearing and the Board agreed to have Joel revise the resident letter and notice a public hearing.
2. State Flooding Reimbursement - Joel informed the Board that Joe Kenney just called him and told him that the State approved the 12% reimbursement from the May 2006 flood for approximately $42,000.
3. Landfill - Joel stated that he would like the Board's opinion on the proposed location of the transfer station and conceptual plan so that he can begin to remove trees and mining the materials to grade. Marty replied that he would like Joel to set-up two or three visits to different transfer stations that CMA Engineers did not develop so the Board can compare. Joel responded that he will do this and asked the Board for their opinion of the location. The Board agreed this was a logical location.
4. Joan asked if the Board needs to address the Crowley letter tonight and the Board agreed to leave it to the Planning Board for now.
5. Joel informed the Board that he went back to the dealership with the new truck and they agreed that if the truck is left white then they could cut $2000 off the price. The Board agreed to leave the truck white and take the $2000 savings.
Paula requested a short recess. The Board recessed from 7:47 pm to 7:53 pm.
D. Parks & Recreation Department -
Don Gagnon explained to the Board that he has met with the collaborative group that assists with putting together the Explore for Grown-ups Program and feels it is a vital program to continue. He noted that through the collaborate approach the Town has been able to offer a number of quality programs to residents at little or no cost. Don also stated that in the last brochure there was 75 classes offered in which 45% of them were in town, 100% of them were available to town residents and 40-55% of the participants were from town.
Marty asked Cyndi Paulin if she would be willing to see the program through the year and she replied no. Gerry commented that according to the town's medium income, Farmington is the poorest town of all the participants and yet subsidizing the entire program. He added it is time other town's step forward and pitch in financially as well. Paula agreed that there are lots of benefits to the residents and questioned what will be the responsibility of the Town to these programs. Don replied that the Town will only be responsible for the classes hosted in town and producing the brochure, which he further suggested, be included in the Parks & Rec. brochure. He also noted that all classes will be completely self-funding or they would not exist. Paula asked what the Town would be funding with the $19,600 then. Don replied the administration oversight, scheduling and set-up for the brochure for the printer and the taking of registrations and data collection would be paid
through this fund.
Gail asked for the history of Explore. Don replied he was given information from 2005 to 2006 and provided those numbers in the Board packets. Gail then asked if there are any courses that should be discontinued due to low enrollment and Don replied that he did not think so right now but that he would continue to evaluate the courses offered.
Paula asked who sets the fees for the individual classes and Cyndi Paulin explained that the cost are decided on materials alone if the instructor volunteers but if the instructor is paid than the cost is split amongst the participants.
Cindy Snowdon asked if there is any other administration in town that could be paid to run these programs. Cyndi Paulin responded that other towns provide someone in the library to cover their registrations. Cindy S. further asked why the Town does not charge a non-resident fee when 50% of the classes are held in town. Don replied that the intent is to keep the classes affordable and educate our community.
Joan commented that one thing that needs to be remembered is that when the initial Guild fund was requested it was earmarked for medical benefits for an employee. She also stated that the town needs to assess whether we should charge participating towns a yearly fee or a non-resident fee per class and that the town has sent a strong message that they want the program to continue.
Diane Thayer, a member of the collaboration from New Durham, provided information on the history of the program from the beginning in 2004, with only 13 classes being held just in Farmington. In 2006-2007 there were 51 attendees from Farmington that attended GED classes as a result of the program. Ms. Thayer also noted the program promotes business in town because participants travel through and that she is working on getting financial assistance from Milton and New Durham for the next fiscal year.
Paula stated that the bottom line is that the town agreed to fund the program for this year and now they need to address how they will carry it through.
E. New Business:
1. Read Resolution for the Property Liability Trust/Workers Comp Trust - Gerry read the document for the record (a copy is available in the Municipal offices). Gail asked if this resolution is authorizing Tony to sign the contracts/documents for the already approved LGC Trust coverage and Tony replied yes. Marty Gilman motioned to allow Tony Mincu, Town Administrator to sign the LGC Trust resolution, 2nd Gail Ellis. Motion carried with all in favor.
2. Packy Campbell -
a. Packy Campbell proposed to the Board for RSA Development to excavate, use and sell the materials in the right of the way at the Sarah Greenfield Business Park and that RSA would purchase the materials from the Town at $1.00 per yard. Joan commented that when the park was initially constructed it was purposely planned to leave this material for the Town to utilize. Packy replied that he is aware of this but the materials behind the park are tremendous and that for potential developers to see the road 1/2 constructed is a huge deterrent. Gerry noted that he is not sure the Board has agreed to continue the loop because of the proximity to the daycare and that he is not interested in selling
the town's resources.
b. Letter of Credit - Gerry stated that it is his understanding that Mr. Campbell provided an estimate for a letter of credit and that the Town is currently waiting for an outside engineer to review it and forward recommendations. Gerry stated that he does not want to discuss this tonight because it is a planning board issue. The Board was in consensus to not discuss the letter of credit tonight. Mr. Campbell stated he would like to discuss the development agreement he has with the town that he feels the town is not following. Gerry replied that the Board would hold no further discussions with Mr. Campbell tonight.
F. Old Business:
1. Legal RFP - Tony reminded the Board has two proposals for RFPs and he would recommend staying with Mitchell & Bates because the Town has a number of items ongoing. Tony stated that he sent the RFP out to ten recognized municipal law firms but only received these two back. Joan said the billing would be an issue she would like to discuss with Mitchell & Bates and Gerry added the multiple increases in one year should also be addressed. Tony will set up a meeting with Mitchell & Bates to discuss the issues.
2. Action Items -
a. Gerry commented the Town Clock needs to be set ahead for Daylight Savings.
b. Paula asked Tony if the information was given to Mr. Wiley for him to move forward with the TD Banknorth abatement. Gerry added that he told Mr. Wiley to see Tony and Tony replied that Mr. Wiley did not contact him. Mr. Wiley sent a letter to the Board requesting they give him authority over assessing and the Board agreed to not do that and to have Tony meet with him.
Marty Gilman motioned to go in non-public under RSA 91A:3.2.(d), 2nd Gail Ellis. Roll Call - Marty Gilman (yes), Gerry McCarthy (yes), Paula Proulx (yes), Gail Ellis (yes) and Joan Funk (yes). The Board went in non-public session at 9:59 pm.
Gerry McCarthy motioned to adjourn, 2nd Joan Funk. Motion carried with all in favor.
Meeting adjourned at 10:09 pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Gerald McCarthy Vice-Chairman, Martin Gilman
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Paula Proulx Gail Ellis
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Joan A. Funk
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