TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, July 14, 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, Water/Wastewater Department
Head Dale Sprague, Public Works Director Joel Moulton, Director of Planning and Community Development Dan Merhalski, Parks & Recreation Director Donnie Gagnon, and Town Clerk Kathy Seaver.
Public Present: Sharon McKenney, John Wingate, Jane Wingate, Representatives from Habitat for Humanity, Julie LaBranche of Strafford Regional Planning Commission, Laurie Chase of the Strafford Rivers Conservancy and Mark Phillips.
Chairman Gerry McCarthy opened the meeting at 5:30 pm.
Public Hearing for the Adoption of the Sewer Ordinance
Chairman McCarthy opened the public hearing for the adoption of the Sewer Ordinance. Dale Sprague gave an overview of the proposed Sewer Ordinance that is based on the NH DES regulations. Sharon McKenney asked if the Board has figured out how much the water/sewer rates will increase as a result of this ordinance. Dale replied that there isn't anything within the ordinace that will cost the residents any money, so therefore there will be no direct increase to the rates as a result of this ordinace being adopted. Seeing there was no other public comment the Chairman closed the public hearing at 5:45pm.
The meeting was recessed until 6pm when Gerry called the meeting back to order and opened the meeting for public comment.
1. Public Comment:
A. Jane Wingate, resident of Meaderboro Road, brought forward a concern of a conflict of interest with one of the Selectman. She noted that Gail Ellis has a pending subdivision in Farmington, yet she voted for planning and zoning board members. Gerry commented that candidates do not have to divulge this type of information and felt this line of discussion was going in the wrong direction. Mrs. Wingate said she felt she had a legitimate complaint and proceeded. Mrs. Wingate stated that in reviewing the minutes of April 10, 2006 she found there was some discussion as to whether or not George Meyer, Selectman at the time, should vote for planning board appointments or not and then in the April 16, 2006 minutes it was noted that town counsel advised Mr. Meyer to not participate in any
appointments to the Zoning Board of Adjustment or the Planning Board. Mrs. Wingate added that the minutes of April 17, 2006 also reflect Attorney Bates repeating this same recommendation and Mr. Meyer recusing himself. Mrs. Wingate stated that in compliance with the Town's Code of Ethics, Gail should not have participated in the appointments of Zoning Board and Planning Board members and questioned how the Board will rectify this situation. Tony commented that this is not really an issue because the votes were unanimous and therefore Gail's vote would not have made a difference. Mrs. Wingate replied that is not the issue and pressed that Board for a response. Gerry responded that he will look into this situation with town counsel and proceed with their advice.
2. Review of Minutes:
A. Marty Gilman motioned to accept the public minutes of 6-09-2008 as amended, 2nd Joan Funk. Discussion followed in which it was noted that Paula seconded the motion for the 500 Boys and Girls Club request with the condition that town priorities came first. It was also noted that the discussion was on Oxbow "Lake" not "Lane." Motion carried with all in favor.
B. Joan Funk motioned to accept the non-public minutes of 6-09-2008 as written, 2nd Marty Gilman. Motion carried with all in favor.
C. Joan Funk motioned to accept the public minutes of 6-23-2008 as amended, 2nd Marty Gilman. Discussion followed in which Paula noted that discussion on the Sarah Greenfield Park needs to be corrected to read "along the southern border 22 A-1 and that she did not say the road would eventually go out to Rte. 11 but that the Board may sometime decide to extend the road out to Rte. 11." Gail also noted that the town owned property should be sold for fair market value and Paula said to just keep the property if not. Motion carried with all in favor.
D. Joan Funk motioned to accept the non-public minutes of 6-23-2008 as written, 2nd Paula Proulx. Motion carried with all in favor.
3. Habitat for Humanity Request:
Two representatives from Habitat for Humanity came forward to request a waiver from the sewer moratorium in order to obtain the building permit for their remaining unit left to be built on a 4-unit development that was approved by the planning board in 2002. They stated that the infastructure for the unit is in place and the other three units are already complete, they also added that the zoning for this area does not allow a separate septic so that have no other choice. Marty commented that the Town has been continuously over in the gallon usage for the current wastewater system by as much as 150,00 gallons as day which is why the moratorium was passed. The applicants responded that they understand the situation but feel their situation is unique in that they have an already approved development and
just need to complete it and that they will not be able to complete the development without the waiver.
Paula asked Dan Merhalski if the applicants are correct in thinking that they do not have the option of a separate septic. Dan replied that the applicants are correct and that the development was approved in 2002 with the requirement that they hook up to town water and sewer. Paula then asked Dan if there are anymore outstanding projects that he is aware of that are in the same situation. Dan responded that he is unaware of any other developments in this same situation. Dale Sprague commented that RSA Development has a similiar situation in their development off of Charles Street. Joel Moulton added that he has a few concerns with this development in that last winter he received a call from a handicapped resident who could not get out of their
home because the winter maintenance was not being done completely and also the drainage needs to be completed for the entire development. Gail asked the applicants if it is possible to wait for construction and they replied they could but for how long because it seems it is going to be several years before a new wastewater plant is constructed. Gerry added that he would like to continue this discussion to the next meeting when he has had time to do some research with the planning board and planning office. The Board was in consensus that this was a good idea and directed Dan to find out how many other previously approved developments are affected by the moratorium.
4. Julie LaBranche in Reference to the Cocheco Watershed:
Laurie Chase of the Strafford Rivers Conservancy informed the Board that they are looking for written support from the Town of Farmington to nominate the Cocheco River into the River Protection Program. The goals of nominating the river into the program are to have better water quality, change the public perception of the river, better manage the habitat along the river and have better water management programs. Julie LaBranche, of Strafford Regional Planning Commission, reviewed the areas in Farmington that would be effected by this nomination.
Marty asked what would happen to landowners that reside on river and use their properties for gardening and such. Julie responded that there would be no impact as far as this nomination, though the Shoreland Protection Act may have already made some restrictions to their use. Ms. Chase added that the committee looked at what was already present for development along the river when coding the separate river segments. Julie then added that only new development would be affected.
Gerry questioned if the quality of the Mad River, since it flows into the Cocheco, will need to be addressed. Julie replied that she believes only the quantity of the flow coming in from tributaries is addressed and not quality but she will check. Ms. Chase added that the committee that advises the river would be advisory only and not regulatory. Marty added if this nomination would effect the proposed sewer plant and Dale replied that it would not.
Julie explained that the benefits of the Cocheco being part of the River Protection Program are; 1. an increase in public education, 2. an increase in public awareness, 3. to provide a framework for long range management and development along the river and 4. to promote the river as an asset to the town. She also reiterated that there are no mandates just recommendations meant to advise towns. Marty asked if a transfer station would be effected because the town has one planned for about 250 feet from the river. Julie replied she doesn't think so, but she will do some research and forward the answers to the town.
Gerry asked if the town should hold a public hearing on this matter and Julie replied that the town could certainly hold one but all residents are invited to the public hearing on July 23, 2008 at 6:30 in the Rochester City Council Chambers. Paula asked if the town decided not to support the nomination and it passed anyway would they still be allowed to voice an opinion on the advisory committee. Julie responded yes and Ms. Chase added that the town could offer conditional support as well. Julie pointed out that the town's Master Plan, Watershed Protection Overlay and zoning regulations already protect the river and support this nomination. The Board was in consensus to attend the public hearing before making any final decision of whether to support
the nomination or not.
5. Parks & Rec Department (Donnie Gagnon, Director):
Donnie informed the Board that Farmington Computers has done an excellant job with helping to get the computer room up and running and in fact have gone above and beyond the call of duty. He also said that there are a few more things he needs to do and that the computer room should be up and running shortly. Marty commented that the room being used for the computers was the only other meeting room in town and questioned how this is going to be handled. Donnie explained that town meetings will be accomodated first and he does not forsee any issues.
6. Public Works Department (Joel Moulton, Director):
A. Joel informed the Board that he will be applying for money through a mitigation assistance grant from the state through the Emergency Management Division.
B. Erosion Stone Work:
1. Joel explained that he has several large boulders that need to be crushed as a result of the ditching he has been doing and that he would like to contract a crusher at $250/hr for one week. Joan asked why they are not being blasted with the current contract and Joel explained that it would actually cost more to blast them. Joel explained that he is anticipating the project to take 40 hours for a potential cost of $10,000 which could come out of his rebuild/repave line. Paula asked how much is left in this line and Joel responded about $38,000 if all his proposals tonight are accepted. Gail commented that the work needs to go out for bid because it is over $5000. Joel will put the work out to bid and bring it back to the
board.
2. Gerry asked what is happening with the crusher that is on site now. Joel said he has been trying to contact the contractor with no response and is now sending a certified letter to the contractor to have the equipment picked up.
3. Joel informed the Board that he is in need of large erosion stone and large rip-wrap on Hancock Street due to some erosion that he feels is a result of soil deposits from up river. He stated that he did report this depositing to the state and they said when they get mitigation money in that they will look into it. Joel then said that the current crushing contractor can do this stone work at $4.00/yard in comparison to purchasing it from Pike Industries at $12-$13/yard. Joel explained that this work has not gone out to bid and this figure is from the current contractor, K & B Crushing, with the anticipated cost to be $1200 - $1500 to come out of the erosion control line. Marty asked what Joel has planned for his salt line this fall
and Joel replied that he is confident with his numbers for salt and fuel because he has been able to come under budget for several projects. Gerry McCarthy motioned to allow K & B Crushing to create the erosion stone at $4/yard at the approximate total cost of $1500, 2nd Joan Funk. Motion carried with all in favor.
C. Paving Bids:
Joan questioned why there was not a bid from Pike Industries and Joel explained that he did contact them but received no bid from them. Joel explained that he put this bid out on a per square yard basis because he is not doing a total repaving of roads but actually repairing drainage and small sections of Chestnut Hill Rd and Grove St. (about $15,000, but coming out of FEMA money), the Cocheco River bridge (about $8,700) and Trotting Park (about $6,500). He explained that by bidding on a square yard basis he could stop the projects as soon as he was running out of money.
Marty questioned if fuel was reimbursed by FEMA and Joel replied that the town was reimbursed for equipment on an hourly basis, so yes. Paula Proulx motioned to award the paving contract to Durrell Paving at $4/yard, 2nd Gail Ellis. Discussion followed in which Gail asked if this motion is just approving the paving for the four projects discussed and Gerry explained it would be for all improvements Joel can get done with the available money. Motion carried with all in favor. Marty then asked about Berry Court and Joel said he is putting the project out to bid.
D. Drainage Improvements for Chestnut Hill Road and Grove Streets:
Joel explained that the project has gone out to bid and the funds to pay for the projects would come out of the mitigation money. He also added that he received two bids and that in a discussion with Barron Brothers after the fact he was told that for an additional $4,600 the large 40 foot culvert could be changed to a polycoated with a life expectancy of 75 years versus a galvanized steel one with a life expectnacy of 25-50 years. Gerry commented that he would like to have seen the polycoated culvert specified in the bid. Paula Proulx motioned to award the bid to Barron Brothers in the amount of $46,367.18, 2nd Joan Funk. Motion carried with all in favor, except Gail Ellis who abstained due to the earlier discussion in the meeting.
Gerry McCarthy motioned to spend an additional $4,603.57 for a polycoated culvert for Chestnut Hill Road on the Barron Brothers Contract, 2nd Joan Funk. Motion carried - Paula Proulx (yes), Gerry McCarthy (yes), Joan Funk (yes), Marty Gilman (no) and Gail Ellis (abstaining).
E. Culvert Purchase:
Joel supplied the Board with three bids for the purchase of culverts for his department's use. Marty asked if he really needs that much and Joel said yes, he used 2000 feet last year. Marty Gilman motioned to award the bid to Pike Industries in the amount of $13,680 for culvert pipe purchase, 2nd Joan Funk. Motion carried with Paula Proulx abstaining because she would like more information on the bid process because she is not sure if the Board does not have to accept the lowest bidder. The Board held a discussion on this bidding process and asked Tony to look into it. Paula then asked for a fuel cost for all projects related to the FEMA funds and Joel said he will forward the project sheets to the Board.
F. Bridge Maintenance:
Joel informed the Board that he would like to commence work on the Cocheco River bridge next Tueday, with it being complete on Friday. Joel estimates $9,350 for the repairs to the deck and the membrane and $8,700 for the paving which is to come from the FEMA funds as previously discussed. Marty Gilman motioned to award the Cocheco River bridge project to Bayview Construction, 2nd Joan Funk. Discussion followed in which Gerry asked why this project would not go out to bid and Joel stated that they were already accepted for all town bridge work. Motion carried - Paula Proulx (no, Gerry McCarthy (yes), Joan Funk (yes), Marty Gilman (yes) and Gail Ellis (abstaining).
G. Bay Road Bridge:
Joel explained that he would like permission to start the engineering for the bridge with Kelcey & Edwards. Marty asked if Bayview Construction did the bridge repairs in 2007 and Joel replied yes and again this year on the Paulson Road bridge. Gail commented that in the engineer study report under line 4 there are items that are not included and Joel responded that these items are included in the construction and that this contract is for preliminary engineering for the bridge at $34,000.
Marty inquired about the material missing by the Paulson Road bridge and Joel said the area was opened up by the homeowner on his own and will only assist the town with maintenance of the area. Joel also said that he does not know where the materials went but that they belonged to the homeowner. Paula Proulx motioned to have Kelcey & Edwards start the preliminary engineering for the Bay Road bridge for $34,977.09, 2nd Joan Funk. Motion carried with all in favor.
H. Blasting Bids:
Joel informed the Board that he did not have time to make a summary sheet of the bids since he just got them on Friday. The Board asked him to forward a summary sheet and that they would continue this discussion to the next meeting.
I. Cutting Edges:
Marty Gilman motioned to accept the bid of $14,467 by Fairfield Construction to do the cutting edges, 2nd Joan Funk. Discussion followed in which Joel clarified that the contract was already given a go by the Selectmen because he heard the cost was going to double and the Board is making the official vote in public now. Motion carried with all in favor.
J. Update on Cherub Estates:
Joel reported that 22 core samples were taken and the results are favorable. The town should be receiving the report from the engineer soon. Paula asked if there is anything else left on the bond besides this paving and Dan M. said he will double check and get back to the Board.
7. Water/Wastewater Department (Dale Sprague, Superintendent)
A. Farmington Ridge Metering:
Mark Phillips, owner of Farmington Ridge Mobile Home Park, explained that there has been discussion over the past several years of installing individual meters on the 55 separate homes within the park and that he would now like to do so. Mr. Phillips explained that he has installed one half of the meters thus far, but that Dale needs the Board's permission to read the meters. Paula asked if the meters being installed are the ones Dale would use. Dale replied yes but that meter pits will need to be installed in the older homes, like those on Sycamore. Dale added that the positive side of this individual metering is that he could open up the loop to Campbell Commons which would allow for better water quality and he could potentially loop in Dick
Dame Lane which is a dead end right now. Dale further explained that RSA states the town needs to read the meters but not do any maintenance. Paula questioned if the town would be billing the homeowners individually and Dale said yes, he is just unsure how the town would address unpaid bills because they would be unable to put a lien on the property since it is owned by Mr. Phillips. Gerry stated that he is concerned that an agreement needs to be put in writing to lay out exactly what the town's responsibility is and is not because right now it ends at the first meter. Marty and Paula both agreed with Gerry that something should be put in writing to protect the town. Mr. Phillips replied he has no problem providing such documents.
B. Update on the Rapid Infiltration:
Dale stated that he forwarded the Board a synopsis from Wright-Pierce on what has been accomplished thus far with the infiltration. The site has been cleared at the top of the hill, Norway Plains was in to do the topographical work, the wetland flagging as been completed and the load cell test should be complete in the next few weeks.
C. Set Dates for Water/Wastewater Rate Discussion:
Dale reminded the Board that if they want to get certain state grants for the Wastewater Treatment Plant then the town needs to be within certain rates. The Board requested the revenue and expenses for 2007 for both water and wastewater so that they can review them and the current rates.
D. Main Street Water Line Update:
Dale informed the Board that Bergeron needs 1200 gallons/minute at 30psi for the sprinkler system at the Opera House and that the current water system can not create this type of flow. Joan asked where Dale is in replacing these old water lines. Dale explained that he has full reports and capital improvement suggestions that he would love the Board to review with Underwood Engineers if they are willing. He then explained the most cost effective thing he could do is clean the line, though this still would not bring the flow up to where Bergeron needs it. Paula asked if there are any grants available to help with this type of work. Dan Merhalski replied that there are some grants but they require a direct benefit to the residents and the
economy and take a lot of community support and matching funds. Tony added that something has to be done with the sprinkler system because the fire marshall is not going to allow indefinate use of the building without it.
The Board instructed Dale to put together an estimate on what it would cost for him to clean the line and the approximate flow it would create so that they could compare it to the different cost of an onsite storage tank and system. Paula also asked Dale to add the cost of running a temporary pipe above ground while cleaning the pipe so that residents would not be without water for a week.
E. Underwood Engineer Water Line Report:
Dale reminded the Board that the report is almost a year old and that they really should review it with the Engineers. The Board agreed to have Underwood Engineers come in to explain their findings and help come up with some type of progressive improvement plan.
F. Abatements:
1. Dale explained that he received an abatement request from Mr. Adjuctant for his properties on 7 and 9 Glen St because his water line broke before the first meter. Dale recommended abating the wastewater portion of the bill at $329.96. Joan Funk motioned to approve the wastewater abatement for Mr. Adjuctant at 7 and 9 Glen Street for $329.96, 2nd Marty Gilman. Motion carried with all in favor.
2. Dale explained he recieved an abatement request from Cindy Snowdon for 1/4 of both her water and wastewater bills because she was watering lawns due to erosion problems with the Campbell Commons development. Dale added that usually the town only abates the wastewater in these situations and in this case the amount would be $23.09. Joan Funk motioned to approve the wastewater abatement for Cindy Snowdon for $23.09, 2nd Gerry McCarthy for discussion. Discussion followed in which Paula questioned if there is some way to meter water that does not go into the system. Dale explained that residents can purchase a sewer deduction meter if they do a lot of seasonal watering in the case of pools and gardening.
Paula commented that she would not be in favor of the abatement is Mrs. Snowdon had not requested the sewer meter. Motion carried with Gail Ellis abstaining due to the earlier discussion.
G. Sewer Ordinance:
Joan Funk motioned to approve the Sewer Ordinance as presented tonight, 2nd Marty Gilman. Motion carried with all in favor except Gail Ellis who abstained because she wasn't involved with the creation of this document from the beginning.
8. Planning Department, (Dan Merhalski, Director)
A. Campbell Commons Bond Reduction:
Dan informed the Board that though RSA Development has not put up the bond yet, he is requesting a reduction in the bond amount because the common area has been mulched and seeded. Dan stated that he recommends reducing the amount for this work to $500 because he asked the applicant to reseed the norther side. He would also recommend reducing the mobilization costs down to $500 as well, therefore Dan recommends reducing the bond amount for Campbell Commons from $12,600 to $8000. Marty Gilman motioned to reduce the $12,600 bond for Campbell Commons to $8,000, 2nd Joan Funk. Motion carried with Paula Proulx abstaining.
B. SRPC Appointments:
Dan reminded the Board that John Law was the representative to the SRPC Technical Advisory Committee and that Paul Parker was the alternate. Dan stated both John and Paul are willing to continue these appointments. Joan Funk motioned to appoint John Law as the representative and Paul Parker as the alternate to the SRPC Technical Advisory Committee, 2nd Marty Gilman. Motion carried with Gail Ellis abstaining.
9. Old Business:
A. Gerry forwarded information to Tony on the hiring of fire fighters that says they have one year to fulfill the requirements of their job so that if the question ever arises he has this information.
B. Paula asked Tony if he talked to the library or school superintendent yet to see if they were interested in fuel bids and Tony replied not yet.
C. Paula asked Tony if he contacted PSNH and Tony said he did but they are still working on coming up with a ledger. Gerry commented that he believes there are 11 metal hallides missing that the town is being billed for.
D. Paula asked if Tony received work plans from all the department heads and he replied just from Joel so far. Paula asked him to get these for the next meeting as well as how they plan to manage their fuel lines.
E. Paula questioned what is happening with the personnel hiring policy and Gerry replied that he has it and would like to discuss it at the next meeting.
F. Paula informed the Board that a resident called the Police Department about a stray cat issue and the answer given to the resident by the officer was that she was only a "dog officer and did not handle stray cats." Tony will check with the Chief on this. Paula said that she also received complaints from a resident on Summer St that called the same officer because two unleashed dogs ran after her three year old daughter. This resident reported that the officer said "she could not do anything because there is no leash law in Farmington." Paula added that Joel Moulton said his crew does not work in this area anymore becasue of these dogs. Tony will verify with the Chief as to the status of the leash law and exactly what type of officer controls the animals.
G. Joan questioned if the COAST shelter has been picked up yet and Tony said yes they are just looking for the best place to install it.
H. Joan inquired if the "slow curve" and "farm vehicle" signs have been installed on Meaderboro Rd. as requested. Tony said no, but he would look into it.
I. Joan questioned if the Economic Development Committee discussed changing their meeting time. Paula replied that they did discuss it and decided to not change it at this time, but that if new members joined they would readdress the 7am meeting time.
J. Joan informed the Board that she asked for Gerry's opinion as to whether or not the Fire Chief could attend the Florida fire training if the Fire Association was paying for it, and further explaining that he said he did not see a problem with it as long as the Chief was willing to take leave time. The Board was in agreement that this would be okay.
K. Joan was told by a resident that she was not properly notified when a tax lien was going to be put on her property. The resident reported that when she called the town she was told the computers were down and that is why and Joan said she does not feel this was a good excuse for non-notification. Tony said he believes certified letters are sent out when a lien is going to be placed but he will check with Kathy Seaver.
L. Joan commented that she is going to start looking at the department head evaluations this week. Paula questioned if the Board has the legal right to review these evaluations and the Board's consensus that they do because they are the employer but Tony will check with legal counsel to be sure.
M. Gail asked if the Board has come up with what the prosecution credit should be for supplying the building, heat, maintenance,etc. Tony said he is getting the figures together, as well as, researching the current rate for office space by the square footage.
N. Gail inquired if the Board decided which town counsel to go with. The Board discussed that legal RFPs should be requested in the form of sealed bids. Tony will put these out.
O. Gail stated that the liability waiver for Jeff Green on Paulson Rd still needs to be addressed and Paula stated that it was determined by town counsel that Mr. Green needed Planning Board approval before seeking this waiver.
P. Joan asked if Dan was able to get Hiram Watson to reconsider his resignation from the planning board. Dan replied he did contact Mr. Watson and that he could not rescind his resignation due to his schedule.
Q. Joan asked for the status of the Wage and Salary Study. Tony replied that the committee met today and they will be ready to present to the Board in 4-6 weeks.
R. Gerry commented that in reviewing the six month fuel report he noticed that there were different vehicles and different departments utilizing the same fuel keys and questioned what is happening. Tony will look into this fuel key system. Gerry noted that he would like to know the date and time the keys are used and if the current system can not do this he would like to look into one that can. Paula noted that every vehicle is suppose to have a log to record mileage, dates, times and gallons of when fuel is taken. Joan also questioned if the Middleton school bus has a separate key. Tony will look into all these questions.
10. Town Clerk (Kathy Seaver):
Kathy explained that she came down to clarify a few items that came up at tonight's meeting. First, she clarified that the animal control officer is for domesticated animals only and not strays. Second, she clarified that the town computers have not been down and that certified letters are sent out 30 days prior to tax liens being placed on properties. Kathy stated that before placing any liens she always verifies the certified letters were recieved or refused and requested that the Selectman come to her with such complaints instead of stating them on public television when it appears that then town is not doing their job properly.
Marty Gilman motioned to go in non-public session under RSA 91A.3.II. (b) and (c), 2nd Joan Funk. Roll Call - Marty Gilman (yes), Gerry McCarthy (yes), Paula Proulx (yes), Gail Ellis (yes) and Joan Funk (yes).
Marty Gilman motioned to adjourn, 2nd Joan Funk. Motion carried with all in favor.
Meeting adjourned.
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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