TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, April 14, 2008
Selectman Present: Chairman Gerry McCarthy, Paula Proulx, Martin Gilman, Gail Ellis and Joan Funk.
Town Staff Present: Town Administrator Anthony Mincu, Code Enforcement Officer Dennis Roseberry and Public Works Director Joel Moulton
Public Present: JoAnn Doke, Charlie Doke, Rebecca Howard, Steve McDuffee, Charlie King, Ruth Scruton, Jane Wingate, John Law and Sylvia Arcouette.
Chairman Gerry McCarthy convened the meeting at 6:00pm.
1. Review of the Minutes:
A. Gail reminded the Board that the minutes of 2-11-08 were accepted on 3-10-08.
B. The minutes of 2-25-08 were tabled so the Board could be provided with the revised copies.
C. The public minutes of 3-10-08 were tabled for verification purposes.
D. Joan Funk motioned to accept the minutes of 3-10-08 as amended, 2nd Marty Gilman. Motion carried with Gail Ellis abstaining.
2. Public Comment:
A. Charlie King asked the Board to appoint a Selectman's representative to the planning board on behalf of the planning board. Paula offered to be the representative as long as she had a back-up and Marty agreed to be the back-up person.
B. Ruth Scruton, Trustee, read a letter from the Trustees in regards to the mandated Leon Hayes birthday ball that is suppose to occur yearly. The American Legion Post #60 has agreed to host the ball this year on May 10, 2008 and volunteers will provide refreshments. The Board was in consensus that the plan was a good one.
C. John Law, who is the Town's representative to the Strafford Regional Planning Commission (SRPC), reported that is current term will end in June and he would love to be reappointed but that there is also one other seat that should be filled. Mr. Law explained that recently the SRPC completed a Rte. 125 corridor study and will be forwarding a copy to the Town. Mr. Law recommended that the Board review this document carefully to see how future growth will affect the town.
Marty asked if there is ever any discussion on bringing the rail system back to the surrounding communities at these meetings. Mr. Law responded that there is a sub-committee searching into the reincarnation of the rail system now.
D. Jane Wingate questioned who took the minutes of the 3-10-08 non-public Selectman minutes because they are signed by the recording secretary though it states "Tony put the vote in here. Thanks." The response was that Brandy Sanger took the minutes for the beginning of the non-public minutes and that the Board decided when there was a personnel issue Brandy would be dismissed and Tony would take the minutes so that the least number of people were involved. Jane then asked why Tony would be taking the minutes for his own personnel review and Gerry responded that maybe it shouldn't have been done that way but the Board needs to approve the minutes either way, so it really doesn't matter. Jane then asked what the vote was and what the outcome was. Tony replied the vote was
to extend him employment and hire him. Jane questioned how that could be done without Gerry present and Gerry said he wrote a letter explaining he would be in favor of hiring Tony. Jane then cited Craig Lancey's lawsuit against the Town, which he won, that said, "such draft minutes should be recorded by the recording secretary." Gerry responded, anyone could be the recording secretary.
3. Department Heads:
A. Planning and Codes -
1. Junkyard Permit: Dennis Roseberry explained that Steve McDuffee has applied for his junkyard permit but has not met the conditions of last year's permit yet. Dennis explained that last year's permit was conditional upon a fence being installed around the junkyard and no vehicles or parts being outside the fenced in area. Mr. McDuffee said he installed the fencing this past weekend. Dennis confirmed he did notice the fence up earlier today but that there were still vehicles parked outside the fence. Paula asked if the discussion from last year about the dealer's license was ever rectified and Dennis said there was not a dealership license on file at anytime for Mr. McDuffee and that the RSA does not allow a junkyard and
dealership at the same time. Mr. McDuffee stated that he currently has four vehicles outside the fence that are customer vehicles he is restoring. Dennis said this is okay because they are customer vehicles but he cannot have vehicles or parts outside the fence for sale. Mr. McDuffee said that other junkyards like Lambert's do this so there must be some legal avenue to do so and Dennis replied he would need to check with legal. Marty Gilman motioned to review the junkyard permit for Steve McDuffee in thirty (30) days to ensure the applicant has met both license contingencies for 2007, 2nd Joan Funk. Motion carried with all in favor.
2. Information and Signature on Pedestrian Safety Action Plan: Tony explained SRPC is applying for a $13,000 grant for a Pedestrian Safety Evaluation and plan and has requested a letter of support from the Town, as well as, a $500 commitment. Paula asked how this grant would benefit the Town. Tony was unsure and the Board was in consensus to have Tony get more information from SRPC on the project as to how it would impact Farmington and to search where in the budget the $500 would come from. The Board decided to approve and sign the letter of support but to table the $500 expenditure until they get more information. Gail Ellis motioned to approve the letter of support for the SRPC pedestrian safety grant, 2nd
Marty Gilman. Motion carried with all in favor.
B. Water/Wastewater Department -
1. Tony informed the Board that Wright-Pierce contacted the EPA on behalf of the Town and if/when the EPA accepts the proposal from the Town, they should forward an amended order.
C. Assessing -
1. Discretionary Easements information session: Tony supplied the Board with information on the easements that stated they are generally for a period of 10 years, used to promote open space and are generally given to golf courses. Paula requested information on what the impacts would be for the easement at different amounts. Tony will have Mr. Wiley forward this information, noting that there is a 60 day response time to the application.
D. Administration -
1. Adoption of Handicapped Accessibility 504 Plan: Tony supplied the Board with a 504 Self-Evaluation Plan for Handicap Accessibility for the Board to adopt. He also explained that this is just an evaluation and does not need further action but is needed for CDBG grant writing. Gerry commented that this plan needs to be amended because the library is not a town property. Joan Funk motioned to accept the 504 Self-Evaluation Plan for Handicap Accessibility with the removal of the library, 2nd Marty Gilman. Motion carried with all in favor.
2. Samco Update: Tony reported that in closing the Samco CDBG grant it was discovered that the funds were held in an interest bearing account for a few days incorrectly so $83 in interest was obtained. This error was solved by Ms. Lane cutting $83 from her salary so the grant is in compliance and closing.
3. Update on the Opera House Sprinkler System: Tony stated there is about $87,000 available for the sprinkler system and Bergeron Technical Services has come in and taken the initial measurements. Paula asked who tested the water line connection for appropriate pressure. Marty replied that Dale contracted an outside company to do the testing. Bergeron Technical Services will now receive the bids for the work and forward to this Board for approval.
E. Public Works -
1. Discussion on public hearing for levees: The Board set the public hearing for 5:30pm on April 28, 2008.
2. Catch Basin update: Joel Moulton reported the cleaning of the basins has been completed.
3. Street Sweeping Bids: Joel stated he got three bids for the sweeping and would recommend Granite State Sweeping who the Town used last year. Marty Gilman motioned to contract Granite State Sweeping for 2008, 2nd Joan Funk. Motion carried with all in favor.
4. Joel informed the Board that he has an idea to rent a screen for $4,800 for one month so that he can screen all the winter sand for next winter and other materials for summer projects. Joel explained that by renting this screen he could get all the necessary sand plus cut about $9000 from the winter sand line. He also stated that he discussed this plan with Dale Sprague because of the location and Dale said it would be fine. Joan asked why Joel is not planning to use Barron Brothers again this year and Joel responded that he is trying to save money by doing it in house. Marty Gilman motioned to approve the rental of a screen at $4,800 for one month, 2nd Paula Proulx. Motion carried with all in favor.
5. Request for purchase of a Cutmaster 151 Plasma Cutting System (was budgeted for): Gail Ellis motioned to approve the purchase for $2500 from Town State Welding Supply for a Cutmaster 151 Plasma Cutting System, 2nd Paula Proulx. Motion carried with all in favor.
6. Bid for Crushing Materials: Joel supplied the Board with seven bids for the crushing of materials. Marty asked how much material is historically crushed and Joel replied that he is looking to crush about 5000 yards this year. Marty asked who owns the crusher that is in town now and Joel replied Custom Crushing Company does. Marty Gilman motioned to award the bid to K & B Rock Crushing, LLC for 5000 cubic yards at $2.80 a ton, 2nd Gail Ellis. Motion carried with all in favor.
7. Update for Grader: Joel reported that the grader is repaired and back in town. He stated that he has been out fixing the roads everyday with the grader and will continue to do so until all the roads are repaired. Joan asked if all the dirt roads get calcium chloride and Joel replied yes but this will not be done until next month because it is too wet. Joel also reported that the repairs came in at about $30,000 but he is awaiting the itemized bill.
8. Four Day Work Week Request: Joel requested a four day work week for his crew so that they have longer days to complete projects which will increase their productivity because they will spend less time loading and unloading equipment. Joan asked if this is a viable schedule for the amount of work they have scheduled and Joel replied yes because the day will be longer and they can get more work done and that it has been very successful in the past. Joel also added that there would be three people on call on Fridays in case of any emergencies that need to be in town to respond. Marty Gilman motioned to approve a four day work week for the town public works crew, 2nd Paula Proulx. Motion carried with all in favor.
9. Other: Marty asked when the rails of the town parks will be repaired that were damaged in car accidents. Joel replied he took care of one and did not realize the other was not done so he will take care of it right away. Gerry added that the light pole in the center of town is missing a cover and Joel responded that he has the cover and it is on the schedule to be fixed. Gerry then asked Joel if he is scheduling another Free Demo Debris Day at the landfill and Joel replied he was looking to schedule it for May. Joel also added that the Household Hazardous Waste Day at the Rochester landfill in May 3 from 8:30 to 12:30 at Waste Management and residents would need a dump sticker or proof of Farmington residency to
participate.
Joan asked what purpose the gate at the public works building serves if it is left unlocked on the weekends. Joel responded that the police, fire and water departments do not want the gate locked. The Board was in consensus to have the gate locked with Joel installing the lock and giving the keys to Tony to distribute. Gail requested Tony make a list of who the keys are given to. Marty Gilman motioned to have the gate at the public works locked and have Tony distribute the keys and make a list of such distribution, 2nd Paula Proulx. Motion carried with all in favor.
4. Correspondence:
A. Bridge Weight Limit Issue - Joan explained that the planning board is requesting the Selectmen find out how the bridges are rated for limits, how the weight of large vehicles are distributed on bridges and what the Board would like the planning board to do about development on roads in which the town has multiple bridges that do not have an 18 ton limit that is needed for the fire apparatus. Paula asked Tony if the town's fire trucks can cross any bridge in town and Tony replied yes. Charlie added the Board should have received a copy of the legal correspondence to the planning board and that they would really like the Selectmen to review it because it brings up serious concerns to the planning board and town. Charlie explained that the planning board is requesting additional
information from the Selectmen so they can make educated decisions. The Board was in consensus that they needed more information and decided to table until the next meeting.
Joel Mouton commented that the bid for the Paulson Road bridge repairs for $34,862 is still being held and will bring that bridge up to a six ton limit. Joel noted this repair will take approximately three weeks and that the residents living the beyond the bridge will have to park below the bridge, as well as, a fire vehicle will need to be parked on the residents side of the bridge for protection. Gail Ellis motioned to move forward with the Paulson Road Bridge repairs, 2nd Paula Proulx. Motion carried with all in favor.
B. Jane Wingate stated that she is concerned with the blasting that is scheduled for Meaderboro Road stating it will take away form the natural beauty of the area. The Board and Joel responded that the area is being blasted to widen the road to make it safer and to assist the drainage of the road.
C. Jones Brook Letter of Credit - A partner of the Jones Brook, LLP, Mr. George Szirbik, forwarded a letter of credit to the Selectman for review and signature, in the amount of $50,000, as a bond requirement for Labrador Road. Tony explained that the previous letter of credit has expired and this is a replacement one and by signing it the Selectmen would agree to be the beneficiary. The Board was concerned with the signing of the letter of credit and the way it was worded and instructed Tony to get more information from legal concerning this document.
5. New Business:
A. Committee Appointments -
1. Joan Funk motioned to appoint Charlie Doke as an alternate to the planning board, 2nd Marty Gilman. Motion carried with all in favor.
2. Marty Gilman motioned to appoint Sharla Rollins to the Economic Development Committee for two years, 2nd Gail Ellis. Motion carried with all in favor.
3. Marty Gilman motioned to appoint JoAnn Doke to the Downtown and Business Committee for three years, 2nd Gail Ellis. Motion carried with all in favor.
4. Marty Gilman motioned to appoint Deborah Scanlon to the Downtown and Business Committee for one year, 2nd Gail Ellis. Motion carried with all in favor.
5. Gail reported that Arthur Capello agreed to sit on the Capital Improvement Committee as a representative of the Budget Committee. Gerry said that Arthur was appointed then.
B. Other -
1. Gerry inquired if the police, fire and rec. departments have been looking for grants and asked for an update. Tony replied that he knows the Fire Chief just finished writing a grant for the fire truck and Donnie Gagnon just presented in Somersworth for a $12,000 grant. Gerry further requested a full report on these.
2. Action Items -
a. The streetlight conversion is completed.
b. Mr. Wiley is coming to the meeting on April 21 to discuss any issues with the Board.
c. The town clock is set correctly.
d. Attorney Tim Bates will be available the first week of May to meet with the Board.
3. Gerry informed the Board that he recently discovered the town is paying the Sheriff's department for the town prosecutor and questioned when that changed. Gerry stated that surrounding town's used to pay Farmington and then the town paid the prosecutor. Gerry questioned when this changed. Joan questioned how the office is paid for and Tony said he would look into these questions.
4. Joan asked if the lock box on Winter Street is all set yet and Tony responded he believes so but he will check.
5. Joan asked if any more information has been given as far as the cleaning of the municipal building. Tony said that there have not been any changes. Paula asked Tony if he had the discussion with Joel and he said no. The Board instructed Tony to address the cleaning schedule with Joel to determine what is needed.
6. Paula questioned what is occurring with the church steeple project. Tony replied he has been unable to get anyone to take care of this. Marty added that he believes the church is taking care of this now. Gerry instructed Tony to contact Don Marble to check on the situation.
7. Paula asked for an update on possible hire for the planning department secretary. Tony replied that there are interviews this week.
8. On behalf of the Economic Development Committee she would like to request $2,550 for test pits and analysis of the materials in the Sarah Greenfield Business Park (SGBP). The cost reflects fees for analysis of twenty samples to be taken by Joel Moulton and their analysis at $85 per test pit. Marty responded that he feels the road to the back of the parcel that may eventually lead to Rte. 11 should be established first and probably should go out about 200 feet off the Artemis property. The Board was in consensus that they would like the committee to set-up potential lots and roads/right-of-ways as soon as possible. Marty also suggested the committee contact Berry Engineering to see what he has already surveyed in the 15 acre parcel
and also see what the cost would be to lay out the remaining lots and road(s). Joan Funk motioned to approve the expenditure for the test pits and their analysis from the Sarah Greenfield Business Park to not exceed $2,550, 2nd Marty Gilman. Motion carried with all in favor.
Gerry asked Tony to get with Dan Merhalski to see what needs to be surveyed at the SGBP and then contact Berry Surveying for a bid. Gerry stated then permanent pins need to be installed and GPS so the town has an accurate record. Paula asked if the committee could discuss this with Dan and the Board agreed that it would be okay.
9. Paula read the warrant that established the public safety building fund a few years ago and stated she is concerned that the building the Board is currently considering may change the intent of this warrant. Gerry stated that he asked Tony this specific question earlier and he did not feel it changed the intent. Paula suggested the Board check with DRA before making any final decisions.
10. Paula asked if the census materials where mailed out and when. Tony replied that Dan did mail them out but he would to check when.
11. Paula asked if the town has received the yearly update from Deb Lee for the hazardous mitigation yet and Tony replied not yet.
12. Gerry asked for an update on the generator for the municipal building and Tony replied that he would remind Mr. Langis.
13. Marty informed the Board that Mrs. Beluhah Thayer donated funds for the materials and labor to put a fountain in the old watering trough in front of the municipal offices. The Board was very appreciative of the gift. Paula asked about the lantern that goes with it and Marty said as soon as the ground dries up a little bit it will be taken out of it's current place and brought down. Marty Gilman motioned to accept the gift by Mrs. Thayer for the fountain at the municipal offices and to mail her a letter of appreciation, 2nd Gail Ellis. Motion carried with all in favor.
Joan Funk motioned to go in non-public session under RSA 91A. 3. II (b)(c) and (e), 2nd Marty Gilman. Roll Call - Joan Funk (yes), Marty Gilman (yes), Gerry McCarthy (yes), Paula Proulx (yes) and Gail Ellis (yes). The Board went in non-public session at 9:39 pm.
The Board came out of non-public session with a roll call vote at 11:01pm. Tony asked the Board what they would like Donnie to do with the Explore program. Marty replied he believes the town should hold a special town meeting to discuss this. The Board was in consensus to let Donnie move forward with the program and keep a separate accounting so the Board will have real numbers to work with in the fall. The Board also agreed to address the Explore program at the next meeting.
Marty Gilman motioned to adjourn, 2nd Gail Ellis. Motion carried with all in favor.
Meeting adjourned at 11:08pm.
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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