TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, April 28, 2008
Selectman Present: Chairman Gerry McCarthy, Paula Proulx, Martin Gilman, Gail Ellis and Joan Funk.
Town Staff Present: Town Administrator Anthony Mincu, Fire Chief Richard Fowler, Water/Wastewater Superintendent Dale Sprague, Public Works Director Joel Moulton and Park and Rec. Director Donnie Gagnon.
Public Present: JoAnn Doke, Cindy Snowdon, Sylvia Arcouette, Rebecca Howard, Steve Yurrick, Cathy King and Ed Mullen.
Public Hearing
Chairman Gerry McCarthy opened the Public Hearing for the Levee Maintenance at 5:30pm. Gerry explained to the public that the federal government has applied new maintenance regulations for levee maintenance in which all landowners along the levees must follow. He further explained that the purpose of tonight's public hearing is to inform the public of the changes and how it effects them, noting that vegetation can not be within 15 feet of the levee.
Mr. Steve Yurrick informed the Board that he reviewed the 2000 National Levee Manual and surmised that some vegetation is okay as long as it does not have impactful roots because the manual includes a vegetation plan. Gerry responded that he believes the Manual was updated as a result of Hurricane Katrina and that the government has created stronger regulations. Joel Moulton concurred that the regulations have gotten stronger, noting that when he spoke with the Army Corps they said that all vegetation over 4" in diameter needs to be removed and smaller vegetation needs to be retarded to prevent growth.
Sam Gray of Water Street stated he is concerned that the river needs to be dredged down further behind the country club because high rains cause his land to flood because of the back up in the river there. Gerry responded that the Army Corps of Engineers are very particular about dredging the river and will not allow the town in the river. Mr. Gray further added that the storm drains on Water Street need to be looked at and Joel responded he would look into what he can do there. Marty suggested that Joel work with Dale Sprague to also look at the water and wastewater pipes on Water Street at the same time. Mr. Yurrick expressed there seems to be some confusion on NHDES river maintenance approval because there is a conflict with the Shoreline Protection requirements and the Army Corps. He
added that the levee is in an urban zone, so the Town may be able to circumvent the Army Corps and go directly to NHDES.
Mr. Gray expressed that his new neighbors have been planting bushes along their river banking to prevent snowmobiliers from riding on his lawn and suggested the Board contact him before he plants much more if it is not going to be allowed. Joel Moulton stated that he contacted these homeowners before they started the planting and has been trying to contact them since. Joel further added that he will re-install a no snowmobiling, wheeled vehicles, ATV sign in the area.
Chairman McCarthy announced that the School Board meeting was moved to the SAU conference room due to lack of power at the high school.
Chairman McCarthy closed the public hearing at 5:55pm.
Chairman McCarthy opened the regular Selectman meeting at 6:00pm.
1. Review of Minutes:
A. Marty Gilman motioned to approve the public minutes of 2-25-08 as amended to add Joel Chagnon's last name to item 3e, 2nd Joan Funk. Motion carried with Gail Ellis abstaining because she was not present.
B. Paula Proulx motioned to approve the public minutes of 3-10-08 as amended for a spelling change, 2nd Marty Gilman. Motion carried with Gerry McCarthy and Gail Ellis abstaining because they were not present.
C. Marty Gilman motioned to approve the non-public minutes of 3-10-08 as amended to reflect that Gerry McCarthy voted yes by absentee ballot and "Paula" Proulx voted no (did not abstain) under section 2, 2nd Joan Funk. Motion carried with Gerry McCarthy and Gail Ellis abstaining because they were absent.
D. Marty Gilman motioned to approve the public minutes of 3-24-08 as amended for a spelling correction, 2nd Joan Funk. Motion carried with Gail Ellis abstaining because she was not present for the meeting.
2. Public Comment:
A. Sylvia Arcouette informed the Board that her husband, Ron, filled out a complaint form about a tree on the river on Hancock Street. She said that Joel Moulton came out and looked at the tree, but now the tree has fallen and has made a large sinkhole. Mrs. Arcouette is concerned that the sinkhole area is being washed away and the road may begin to wash away as a result. Joel Moulton responded that he was planning to go remove the tree this week that he and Ron discussed and that he would look at he surrounding area as well.
B. Ed Mullen informed the Board that he has received requests to broadcast more of the town meetings and that he has the money in his budget to do that but the funds would be coming out of the money he is setting aside for equipment replacement. Ed further explained that it costs about $500 a year to televise a meeting once a month for twelve months. Gerry commented that he thinks the town should broadcast as much as they can. Joan noted that she doesn't feel the Downtown and Business Committee needs to be televised because they are not spending any money. Paula stated that maybe the Board liaisons to each committee could report once a month during a Selectman meeting as to what there prospective committees are working on. Gail commented that the minutes of the meetings are
also posted on the town website and available to all residents. The Board was in consensus to discuss the issue of filming with their prospective committees and further discuss this item at the next meeting.
3. Departments Heads:
A. Fire Department -
1. Chief Fowler provided the Board with a memo regarding the grants he has applied for in 2008 thus far. The Board commended his efforts.
2. Hiring Process Results - Chief Fowler explained that he advertised for the approved full-time position and received eleven applications. He and a board then interviewed some of the applicants and now has a candidate to submit to the Board for approval. The Board discussed the hiring process amongst themselves and decided they need to come up with a set hiring policy. Rich commented that he thought he followed the hiring process with Tony and apologized for any misconception. The Board agreed they would like to see the top 5-6 applications/resumes and then meet with Rich to hear his opinion on who should be hired and why. Rich replied he has no problem with this but wished he had known sooner and requested the
Board meet in the next few nights for this purpose. Gerry commented that it was fine and would only suggest the ad be run for more than one day in the future. The Board agreed to meet on Wednesday, April 30, 2008 at 7pm in the Selectman Chambers.
B.Water/Wastewater Department -
1. Dale Sprague informed the Board that the draft Sewer Use Ordinance came back from legal and they approved it. The Board requested new copies of the ordinance and will review and discuss it at the 5/12/08 meeting and then set the public hearing.
2. Dale reported that he has had no verbal or written response from the EPA in regards to the administrative order.
3. Update Campbell Commons Sewer Pump Station: Dale stated that he has been over to Campbell Commons three times in the past few weeks. The first time he was driving by and just stopped to see what was being done so he is abreast of the work they are doing. Then the next morning he went back to check on the work being done again as it was completed. Subsequently, the third time, he went over and discussed with the developer what a routine maintenance schedule would look like and walked him through a basic routine check of the pump station.
4. Dale informed the Board that he has updated the Congressional Representatives on Farmington's need for a new wastewater plant and asked if the Board wishes him to make contact with them in person to tap their funding resources. Gerry responded that he thinks Dale and Tony should both visit the representatives. Paula commented that she thought the Board had previously instructed Tony to do so when Wright-Pierce was present at the meeting. Dale said he would contact the representatives and also continue to seek other funding for the plant as well. The Board then discussed that they would like all updated numbers for the various plant proposals and will discuss them at the 5/19/08 meeting.
5. The Board decided to wait to discuss the wastewater rates until after the 5/19/08 meeting when they have a better idea of what type of plant will be constructed.
6. Dale asked the Board to set the date to meet with Underwood Engineers regarding the water rates because right now the water department is about 9% under funded. Gerry proposed to wait until the 5/19/08 meeting so the Board could discuss where they are at with everything else previously discussed tonight.
7. Other:
a. Gerry asked if the test pits are complete for the proposed plant sites and Dale responded no.
b. Gerry asked if the GPS has been ordered yet and Dale replied he just forwarded the information to Joel Moulton and has copies for Tony.
C. Parks/Recreation Department -
1. Grant Updates:
a. Donnie reported that the Town was awarded a $20,000 grant from Strafford County Conservation, noting that this has been historically granted to the town and funds the summer program.
b. Donnie informed the Board that he is working on a $10,000 Afterschool grant from the Tobacco money, a grant from the Tony Hawk Foundation (which he needs a lot of community support for), a National Parks Service and Urban Housing Authority Grant (for the parks) and the 21st Century Grant for the schools.
2. Donnie stated that now that the snow is gone he has been visiting the various parks in town and informed the Board that the skatepark in its current status is a liability for the town. He provided photographs of the items of disrepair at the skatepark and stated that he has removed some equipment for safety issues. He then asked for further direction from the Board because he has no money set aside in his budget for the repairs needed due to the fact he was unaware of the issues. The Board was in agreement that the skatepark needs to stay and be maintained because it is an asset to the children of the community. Donnie replied that he will fix the current issues and then set-up a list of items to present to the Board and noted that
any items placed in the skatepark need to be approved and documented by the Park & Rec.
Resident, Cathy King, stated that the skateboarders are frustrated because when they report to the police about vandalism, suspected drug use, and/or bikes in the park nothing is done and they receive no further feedback. She added that the equipment there is not for bikes and this needs to be better enforced or equipment that can be used for skateboards and bikes needs to be purchased in order for the park to be safe. Paula suggested that Donnie look into such equipment when writing his grants. Donnie also noted that the park rule sign was in his office behind some other items but he recently had it reposted when he found it. He further suggested that he would like to create a skateboard committee
for the park and requested all interested residents (adults and kids) to contact him if they are interested.
3. Donnie informed the Board that he has been receiving a lot of calls in reference to the Explore program and would like further direction from the Board. The Board was in consensus that for this year the Rec. could run the program and create a line by line expenditure report so the Town would have a concrete idea of a budget for the following year. Gerry commented that he doesn’t feel adult education is the Parks & Rec. responsibility and should go to another entity in 2009. Paula commented that she feels the Explore program is very important and could go through the Parks & Rec. but she is unsure of the true cost of the
program.
4. Donnie informed the Board that Brian Deveau has given his notice because he is moving out of state and he is now looking to hire an assistant parks and recreation director. The Board asked Donnie to bring the top 3 applicants to the Board for review.
D. Code Enforcement – There was an application for a Peddler’s License Renewal by Wayne Jenness but the Board was informed the applicant did not need to apply to the Board.
E. Public Works –
1. Bridge Assistance Data: Joel Moulton provided information on three different options for the bridge on Paulson Road. Paula stated that the Town needs to respond to the immediate repairs to get the bridge back up to a 6 ton rated bridge and if that work results in the bridge being rated to 10 tons, then that would be a plus. Tony added that this repair is what was budgeted for. The Board was in consensus to continue with the original plan to repair the bridge back to the 6 ton limit and keep the bridge on the schedule for replacement.
2. Marty informed Joel that there are three beaver dams in town that need to be cleared; one at Sarah Greenfield Park, one across from Dick Dame Lane and one at the beginning of the Ela River. Joan asked why George, the trapper who has historically taken care of these, is not being used. Joel said he was unaware of this gentleman but would get right on the beaver dams.
3. Gerry asked if Joel has heard anything from the state in regards to the monitoring wells and Joel replied not yet.
4. Joel brought forward a complaint from a resident in which they would like sand removed from their lawn. The Board was in consensus that the town would not be liable to remove the sand.
5. Joan asked if Joel has paid for any mailbox replacements this year and Joel replied no but he would review the request again and report back to her. Joan specifically mentioned the mailbox on Lone Star for the Ellis property and Joel replied that he did not recall any mailbox replacement requests for Lone Star.
6. Gail questioned if the wood ties that were damaged and mentioned in a resident’s complaint are the town’s responsibility and Joel responded that they were in the right of way and would not be. Joel will recheck the measurement of the wood ties to make sure they were in the right of way.
7. The Board received Joel’s work schedule of items he is planning to complete over the next months and Joan asked him for an approximate timeline to go along with it. Paula requested a similar work schedule from all department heads and asked Tony to ensure this happens.
F. Police Department –
1. Prosecutor Funding: Gerry stated that it appears the Town is getting about a $5000 break for furnishing the building and utilities. Gerry questioned if the sheriff’s department consults with the involved towns before personnel pay increases are applied. Paula questioned when and why the way the prosecutor is paid/billed changed. Gerry also asked if the town(s) are paying any benefits now for the prosecutor or his secretary because when the original contract was set up the towns were not. Marty asked for a breakdown of salaries, additional costs and exactly what the town’s credit/benefit is for providing the
building and utilities for the prosecutor. Paula also asked for the conviction rate of Farmington. Tony will research these questions and get back to the Board with the information.
2. Tony informed the Board that patrolman Mike T. has resigned from the department to be effective June 1, 2008.
G. Planning –
1. Marty Gilman motioned to appoint John Law to the Strafford Regional Planning Commission town representative board, 2nd Joan Funk. Motion carried with all in favor.
2. DOT Pedestrian Safety Action Plan: Tony informed the Board that the $500 request from SRPC for this plan will go directly to research on the pedestrian safety in Farmington only and will assist the town’s with grant that might be available soon. Paula Proulx motioned to appropriate $500, payable to Strafford Regional Planning Commission for the purpose of the DOT Pedestrian Safety Action Plan, 2nd Gail Ellis. Motion carried with all in favor.
4.New Business:
A. Marty Gilman motioned to appoint Jeanette Colpitt to the Downtown and Business Committee for 3 years, 2nd Joan Funk. Motion carried with all in favor.
B. Gerry stated that he would like someone physically sitting at Megan’s desk at all times so that the public has a visual person to approach when entering the building.
C. Gerry also stated that the planning department needs to have regularly scheduled hours when people can come in for permits. Gerry asked who issues the permits and Tony replied Dennis and Dan should be the only ones granting permits. The Board agreed that someone should be in the office at all times and asked Tony to ensure that if Dennis or Dan need to leave the building than the other one is left in the building.
D. Tony noted that Dan has someone he would like to hire for the part-time secretary for his department and the Board replied they would like him to follow the hiring procedure discussed earlier tonight.
E. Gerry stated that he received two abatement requests, one for Collins & Aikman and one for Mrs. Susan Mayo. Tony replied he contacted the attorneys in regards to Collins & Aikman and questioned why the town is discussing an abatement when the company just finished a bankruptcy, but is awaiting a response. The Board agreed to put this abatement request on hold. In regards to Mrs. Mayo, David Wiley, assessor, advised the Board to deny the request because it was not for errors in assessment but for inability to pay. Joan Funk motioned to deny the abatement request by Mrs. Susan Mayo, 2nd Marty Gilman. Motion carried with Gail Ellis abstaining.
F. Gail informed the Board that the budget committee has approved some by-law and would like to have them reviewed by legal counsel. Marty Gilman motioned to allow the budget committee to utilize town counsel to have their by-laws reviewed, 2nd Joan Funk. Motion carried with all in favor.
5. Old Business:
A. Tony informed the Board that he is going to schedule the discretionary easement discussion with the Farmington Country Club for the next meeting.
B. Tony stated that Tim Bates will be meeting with the planning board on 5/6/08 and questioned if the Board would like to meet with him. The Board agreed they would meet with him prior to the planning board meeting.
C. Tony received information from DRA in response to how the public safety building capital reserve fund can be spent and forwarded it to the Board. There was some discussion on the matter and the Board agreed to ask more questions of Mr. Bates next week on this matter.
D. Tony reported that Dan Merhalski set the updated census materials out on 4/3/08.
E. Tony informed the Board that Jim Langis was in last week to take measurements for the generator in the Municipal Building and promised to get back to him this week.
Marty Gilman motioned to go in non-public session under RSA 91A:3.II. (b) and (e), 2nd Joan Funk. Roll Call – Gerry McCarthy (yes), Marty Gilman (yes), Paula Proulx (yes), Gail Ellis (yes) and Joan Funk (yes).
Joan Funk motioned to adjourn, 2nd Marty Gilman. Motion carried.
Meeting adjourned at 10:25 pm
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 A. Funk
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