TOWN OF FARMINGTON
356 Main Street, Farmington, NH
BOARD OF SELECTMEN
MONDAY – JUNE 9, 2008
Public Meeting Minutes
Selectmen Present: Chairman Gerry McCarthy, Marty Gilman, Joan Funk, Paula Proulx and Gail Ellis.
Town Staff Present: Town Administrator Tony Mincu, Director of Planning and Community Development Dan Merhalski, Public Works Director Joel Moulton and Code Enforcement Officer Dennis Roseberry.
Public Present: Jane Wingate, John Wingate, Rindy Howard, Dean Smoronk, Beth Vance, JoAnn Doke, Jeff Green, Charlie King, Steven McDuffee and Packy Campbell.
Chairman McCarthy opened the meeting at 6:12pm and led the Pledge of Allegiance.
He then informed the public that he was going to move the Public Works discussion to first on the agenda to accommodate staff.
1. Public Works:
A. Trash Bag Labels - Joel Moulton presented the Board with three bids to print more labels for the trash bag label program. Joan Funk asked if Joel had any local bids and Joel said he tried one in town but the owner said the project was to big for his company. Gail Ellis asked if Joel sought bids from the printing companies in Rochester like TKO and C & K Printings and Joel responded no. Gerry asked how the revenue is for the labels in comparison with the bags and Joel responded that he has sold more stickers in comparison plus the bags cost more money to both the Town and the residents. Gail commented that in reviewing the purchasing policy for the town she doesn’t feel they were completely followed because the bid was not
publicly noted, posted and advertised. This led to a discussion on the purchasing policy. Marty Gilman motioned to award the bid to Walnut Printing Specialties, Inc for the printing of the trash labels in the amount of $5,415.00, 2nd Paula Proulx. Discussion followed in which Paula commented that there are rules that apply to competitive bidding as well and that she will forward them to the Board in the future. Motion carried with Gail Ellis opposed.
B. Blasting Bids - Joel Moulton presented the Board with the blasting bids for the intended blasting projects on Ten Rod Road and Meaderboro Road. Paula asked how much was budgeted for and Joel responded $90,000. Gail asked if there was a bid scope and Joel said that it was in the paper and that he met with all the bidders on site to describe the project. Marty Gilman moved to award the bid for blasting to Precision Drilling and Blasting for $36,000, 2nd Joan Funk. Discussion followed in which Gail stated she is concerned that the bid request was for sealed bids and that not all the bids cam in sealed. Motion carried with Gail Ellis opposed.
C. 500 Boys and Girls Club Request - Joel explained that the Club would like to expand a section of the fields on Paulson Road that is approximately 200 ft. by 50 ft. and would like help grading the subgrade and then applying the top soil. Joel said this will take about a day with three of his guys and three of his machines and that the Club is supplying all the materials. The Board was concerned that this is a busy time of year for the Public Works department but is okay with helping the Club out because they provide such a great program for the Town. Gail Ellis motioned to approve three staff with three pieces of equipment to help the 500 Boys and Girls Club expand their fields on Paulson Road for one day, 2nd Paula Proulx. Motion carried with all in favor.
D. Joel reported that the storage tank spill site has been deemed clean per the state.
E. Joan asked why the gate was unlocked all weekend and Joel said the police had trouble with the lock over the weekend but he fixed it today. Gerry asked if Joel gave keys to the gate to anyone and Joel said the only key he gave out was to Tony Mincu.
F. Joel informed the Board that in regards to the survey and test pits of the Sarah Greenfield Park it would be beneficial to get the elevations of the pit sites so that the materials can be quantified.
G. Gail asked how Joel is doing getting the materials the CIP committee requested. Joel responded he has the map and will get the memo done this week.
2. Public Comment:
A. Jane Wingate read a letter she drafted to the Board regarding the consideration of a new/renovated police or public safety building. In the letter she discussed several ideas and suggestions she has for the many town owned buildings.
B. JoAnn Doke updated the Board on the business of the Downtown and Business Committee. She explained that they have established a committee with the town merchants. She also reported that they have held eight ribbon cuttings over the past month or so. Mrs. Doke explained that the committee would like to request a separate budget line for next year because they anticipate bringing in revenue as a result of the dues for the committee with the merchants. Gerry questioned if a town appointed committee can legally charge people/organizations to join it and Tony said no but they could accept donations or sell the decals and that any
revenue would go in the general fund. Joan Funk said the committee could sell the committee member stickers for $5 and that they would still like a separate line item in the budget for next year. The Board agreed to consider this in the fall during budget season.
C. Rindy Howard, resident, stated she is concerned about the proposed blasting by Oxbow Lane and questioned if the two rocks by the Girl Scout Camp are scheduled to be blasted as well. Marty said that Joel Moulton’s concern was the ditching on Meaderboro Road and by completing this project it would forego the road washing out in the future. Ms. Howard noted that there is a natural spring on the other side of the road by Oxbow Lane and wonders what this blasting would accomplish. Ms. Howard then said that Joel and his crew have done a commendable job repairing the roads from the harsh winter we had.
D. Jane Wingate stated that Ruth Scruton asked her to request a “slow curve” and “farm vehicles” signs for the same section of Meaderboro Road that Ms. Howard was discussing by Oxbow Lane.
E. Dean Smoronk, 979 Meaderboro Road, stated that he sees no benefit to the blasting on the Oxbow Lane corner of Meaderboro Road. He questioned if the benefit is for the majority of the town, because the residents that live there don’t want it done and feels it will only increase the speeding by people who use it to cut across.
3. Review of Minutes:
A. Joan Funk moved to accept the public minutes of 5-12-08 as amended, 2nd Marty Gilman. Motion carried with all in favor.
B. Joan Funk motioned to accept the public minutes of 5-19-08 as written, 2nd Paula Proulx. Motion carried with all in favor.
C. Marty Gilman motioned to accept the non-public minutes of 5-19-08 as amended, 2nd Joan Funk. Motion carried with in favor.
D. Joan Funk motioned to accept the non-public minutes of 5-21-08 as amended, 2nd Marty Gilman. Motion carried with all in favor.
E. Joan Funk motioned to accept the public minutes of 5-21-08 as written, 2nd Marty Gilman. Motion carried with all in favor.
4. Code Enforcement:
A. Junkyard Permit – Steven McDuffee – Dennis Roseberry informed the board that Mr. McDuffee has got the fence up and complete, there are no vehicles outside the fence that have “for sale” signs on them and therefore he has met all the conditions for his permit renewal. Marty Gilman moved to grant the 2008 junkyard permit for Steve McDuffee contingent upon! no vehicles be “for sale” on the property, 2. any vehicles outside the fenced area must be either for employee or customer parking, 3. and no “end of life” or junkyard vehicles or parts be outside the fenced in area,
2nd Joan Funk. Motion carried with all in favor.
5. Planning Department:
A. Campbell Commons Bond – Paula Proulx recused herself from the discussion. Dan Merhalski forwarded information to the Selectmen regarding the Campbell Commons Bond and his recommendations for a bond amount of $12,600. Dan then explained that he is waiting for a letter from Norway Plains confirming that they will complete the as-builts for the town for $6,000 if Mr. Campbell does not complete the project. If Norway Plains will not provide such a letter, than the bond amount will need to be increased by $9500 to make up the difference in the price. Packy suggested utilizing the account he has with the town for
engineering oversight in which there is about $15,000, to cover the requested bond amount. Joan Funk motioned to request a bond in the amount of $12,600 for the Campbell Commons development if the planning department receives a letter from Norway Plains saying they will complete the as-builts for the town for $6,000 or a bond in the amount of $22,100 if the letter is not provided, 2nd Marty Gilman. Motion carried with all in favor except Paula Proulx who abstained.
Dan then stated that he still has outstanding invoices for the engineering oversight and would not suggest turning that account over into a cash bond as Packy Campbell suggested. Joan Funk motioned to allow the developer to provide a bond in any form he chooses out of the following four options, 1. a surety bond, 2. a savings book passbook properly endorsed to the town, 3. a letter of credit in a form acceptable to the town, or 4. cash, 2nd Gerry McCarthy. Discussion followed in which Marty asked for confirmation if the Selectmen decide what type of bond should be accepted or if the applicant does. Joan Funk withdrew her motion and Gerry McCarthy agreed. Mr. Campbell asked if the Selectmen will release or reduce
the bond amount has his projects are complete. The Board responded yes, that they would work on Dan’s recommendations. Gerry McCarthy motioned to accept a bond from Mr. Campbell in the form of a surety bond, a savings book passbook properly endorsed to the town or cash, unless counsel says that the applicant has the right to choose the form of his bond in which case he then can choose. 2nd Marty Gilman. Discussion followed in which Tony will call counsel in the morning to get the answer to this question. Motion carried with Paula Proulx abstaining.
Paula rejoined the meeting.
B. Liability Waiver – Dan said this request is to allow the developer to build off the road that is accessible by the Paulson Road bridge that has just been prepared. Dan added that the planning department does not have an objection to this waiver. Jeff Green, the developer, explained that this is for a subdivision and explained that he needs this waiver so that if the planning board approves his subdivision he can access Paulson Road. He further explained that one issue is that he can get a building permit on the existing lot and that this waiver does not actually utilize the bridge. Dan said the regulations say as
long as the waiver is approved the project can move forward. Mr. Green said if he does not get the subdivision approval he would not need the liability waiver. Marty stated that he would like to look back at a similar request the Board considered a little while a go (Huckins) before making a final decision. Mr. Green explained that he is scheduled to go back before the planning board on the first Tuesday in July. The Board agreed to table this item until the next meeting so they can further investigate the request.
C. Fee Schedule Revisions – Dan explained that the Planning Board has been updating the current fee schedule and has forwarded their recommendations to the Selectmen for final approval. Paula commented that the Selectmen previously voted to charge back to the applicant the cost for having the planner review their project after the first three hours. Dan commented that it might be difficult to track the hours on large projects ones that last six to eight months. Charlie King apologized for not updating Dan on the history of the fee and reminded the Board that the $65 fee for this line was used to pay the Strafford Regional
Planning Commission contract. Tony pointed out that this fee was only listed under the ZBA review section of the fee schedule and questioned if it should be under the planning board review section as well. The Board was in consensus to add the planner fees of $65 an hour after the first three hours under the planning board and ZBA review.
Gail asked if the schedule includes a charge for mileage for the large copies that have to be done out of town. The Board discussed viable options and decided that this large copying is unusual and decided to leave the fee as listed, but asked Dan to add that the applicant needs to provide an 11 X 17 plan for each application. Gerry McCarthy motioned to approve the Valuation and Fee Schedule with the following amendments; 1. planner fees as discussed under ZBA and PB review, 2. applicant paying for additional large copies as needed and 11 X 17 plan being presented for all applications, 2nd Joan Funk. Motion carried with all in favor.
D. Sarah Greenfield Business Park (SGBP) Survey Bid- Dan explained that the bids are to set the bounds of the SGBP with either granite or rebar and include the location of the 15 test-pit sited Joel Moulton recently dug for the Economic Development Committee (EDC) for a total of $3,750 by Berry Engineers. Paula said the EDC was in agreement with the Board that the entire parcel, not just the SGBP should be surveyed and should include elevations. Paula explained that Joel Moulton was looking for the elevations of the test pits so that he can estimate the quantity of the materials from the water table up to the top of the test pit site.
Marty asked if Dan knew if the earlier surveys done on the site included pin placement. Dan replied in reviewing the files he did not think so but stated he would check with the surveyor to be sure. Dan then asked if the project, because it is over $2,500, requires three bids. Gerry said no because the town has been working on this project with Berry Surveying for the past several years. Marty Gilman motioned to have Berry Engineering apply granite markers in the SGBP for $3,750 including the $450 for the test pits if they could get elevations of the test pit sites; with $3,300 coming from the SGBP account and $450 coming from the EDC account, 2nd Paula Proulx. Motion carried with all in favor. Motion carried with all in favor.
D. Dan informed the Board that Hiram Watson resigned from the planning board and Joan Funk resigned as the Selectmen alternate to the planning board. Marty asked Dan to talk to Hiram to see if he would reconsider. Gerry McCarthy moved to have Marty Gilman as the Board of Selectman alternate to the planning board, 2nd Paula Proulx. Motion carried with all in favor.
6. Administration:
A. Fuel Bids – Tony informed the Board that the current fuel bids is good until September 1, 2008 but that he wanted the Board to start thinking about them. Tony also suggested maybe adding some additional gallons on to the bid for the welfare department for deliverance upon request. The Board discussed that this would be great but is not sure if the oil companies would agree to it. It was also discussed that the Board will need to decide whether to pre-buy or not and discuss their decision with the library and schools.
7. New Business:
A. Joan Funk motioned to appoint John Fitch to the Downtown Committee for a three year term, 2nd Marty Gilman. Motion carried with all in favor.
8. Old Business:
A. Legal response for the ZBA application – Gerry noted that the legal review summarized that a person could serve on both the ZBA and planning boards but would need to be conscientious of sitting on the same applications for each board. Marty Gilman motioned to appoint Paul Parker to the Zoning Board of Adjustment for a term of three years, 2nd Paula Proulx. Motion carried with all in favor.
B. Coast Bus Shelter – Tony stated that the second shelter is in Dover and he will have it picked up and brought to town. The Board discussed possible locations to be at Rite Aid, Family Care of Farmington, and Glen St. Joan agreed to talk to the drivers of the route and get their opinions on the busiest stops.
C. Manifests/Accounts Payable – Tony informed the Board that he and Pam heard the concerns of the Board and would like to suggest that they leave out the bills with the manifest so that if they have any questions from the manifest they can look at the actual bills. The Board agreed to try this and see how it works and suggested that Pam use sticky notes on the manifests to explain any unfamiliar or irregular accounts/bills. The Board also asked Tony to make sure that all the department heads have a copy of the purchasing policies.
9. Updates:
A. Paula asked why the public hearing was not held tonight and Gerry explained that he forgot to post it in the agenda but would for the next meeting.
B. Paula asked how the mock training went and Tony replied it went very well.
C. Paula asked if the dog training is done for Connor and Tony said that he has to complete his drug certification still.
D. Paula asked who is working on the wage/salary survey and Tony replied that he, Kathy, Pam and Dale are with the help of a consultant.
E. Paula asked about the correspondence from the COAST requesting a representative to their Board of Directors. Gail nominated Paula but she declined and mentioned that Dan Merhalski might be a good person for this.
F. Paula asked where the reimbursement checks from the state and FEMA go in the budget and Tony replied that they go in the general fund.
G. Paula asked if the town needs to do anything with the Metrocast contract and Gerry said it is not up yet. Tony will check to see when the contract expires.
H. Paula asked for an update on the sprinkler system for the Old Town Hall. Marty explained that one single line does not have enough pressure to support the system so they are working on the problem
I. Paula asked Tony if he checked with Deb Lee about the Emergency Operation Plan and Tony replied that he did and her response was that she needed to make some revisions with Lt. Willey.
J. Paula asked if Tony has received any work plans from the department heads and Tony replied no.
K. Paula asked for an update on the Jones Brook Letter of Credit and Tony said that it is all set.
L. Paula asked if Tony got clarification on the metal halide lights from PSNH and Tony said no, not yet.
M. Paula asked Tony if he spoke with Don Marble and Tony said no, not yet.
N. Joan stated that people are still overnight parking in the Municipal Parking Lot and Tony replied that he is waiting on the signs.
O. Joan asked if Tony got all the information on the prosecutor and Tony said that the Sheriff is scheduled to meet with the Board on June 23, 2008.
P. Joan asked if Joel Moulton has plans to repaint the paws on Tiger Trail and Tony said he would make sure he does if he doesn’t.
Q. Joan asked for an update on the generator for the Municipal building and Tony explained that he received a bid from Langis to create the same set-up as the police department but he believes the Board will need to consider this during the budget season.
Joan Funk motioned to go in non-public session under RSA 91A:3.II. (c), 2nd Marty Gilman. Roll call – Gerry McCarthy (yes), Marty Gilman (yes), Joan Funk (yes), Paula Proulx (yes) and Gail Ellis (yes). The Board went in non-public session at 10:04 pm.
Joan Funk motioned to adjourn, 2nd Marty Gilman. Motion carried with all in favor.
Meeting adjourned at 10:32pm.
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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