TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, August 11, 2008
356 Main Street, Farmington, NH
Selectman Present: Chairman Gerry McCarthy, Paula Proulx, Gail Ellis and Joan Funk.
Selectman Excused: Marty Gilman
Town Staff Present: Town Administrator Anthony Mincu, Water/Wastewater Department
Head Dale Sprague, and Director of Planning and Community
Development Dan Merhalski
Public Present: Lorie Chase of the Cocheco Rivers Watershed Conservancy, JoAnn
Doke, Steve Couture (DES), Mark Guilmett, John Theriault, Peter
Rizzo, Jena Abell, Vance Bullusl, Bob Knowlton, Catherine
Gould, Charles Wiebel, John Chagnon and Dave Babson.
Chairman Gerry McCarthy opened the meeting at 6:00 pm.
1. Review of Minutes:
A. Gail Ellis motioned to accept the public minutes of 7-28-2008 as amended, 2nd Paula Proulx. Discussion followed in which it was noted that Gerry asked if it would be cheaper to blast the materials Joel was requesting drilling for; Gail asked for the ownership of the clock tower to be included; Joan asked for the consensus of the Board that it was okay to utilize the downtown and business committee funds to cover any excess cost for the oil raffle to be added to the minutes and Paula asked for the information on how the back land was being taken care of that was lost to the river be added. Gail also requested the fact that she asked how the land that was lost to the river was taken care of by appraiser. Motion carried with all in favor.
2. Introduction of the 3rd District State Senate Candidate Dave Babson:
Dave Babson introduced himself and explained that he came to the meeting tonight to see what Farmington's concerns are for the Senate. Gerry replied that he is concerned with all the mandates that are being passed with no funding to support them. Joan added that Farmington's tax base does not support the salary scales that our teachers should be receiving and that maybe the Senate should be looking at state educational funding.
3. Public Comment:
A. JoAnn Doke, of the Downtown and Business Committee, said that she appreciated the Board's permission for the car wash and would like permission to take $425 out of the committee's account now, $400 for the oil gift certificate and $25 for car wash supplies, and then the money raised at the car wash will be put back into the account. Joan Funk motioned to allow $425 to be taken out of the downtown and business committee account for the purpose of purchasing a $400 oil gift certificate and $25 worth of car wash supplies, 2nd Gail Ellis. Motion carried with all in favor.
B. Catherine Gould, resident of Chestnut Hill Road, expressed that she is very frustrated and needs assistance from the Board with the amount of water that is draining on her property and in her home. She explained that when two new homes were built across the street from her, the developers did not install culverts under the driveways and therefore that water washes across the road and into her basement. She stated that just last Friday she had over four feet of water in her basement and when she called the fire department to get help in getting pumped out because of all the electrical items in the basement that were floating in the water, she was told that they did not think they did this sort of pumping but the fireman would check with the Chief. She did not receive a call back until Monday
when the Chief called her apologizing for lack of assistance and explanation that the station does help residents with pumping of this nature and that he was dealing with the fireman who took the call.
Ms. Gould further explained that she called Mr. McCarthy this morning for help with this drainage matter and Joel Moulton was at her home this afternoon explaining that they are presently working on this situation. Gerry replied that the highway department met with the City of Rochester this afternoon to get them to fix their drainage issues in this area and that the Board just approved the work for Chestnut Hill Road at the last meeting. Tony added that the Fire Chief called him this morning of this matter and then he called Joel and Joel is planning to start work on Chestnut Hill Road on Tuesday. Tony also stated that Joel is going to approach the two residents across from Ms. Gould to see if they will purchase the culverts and the town will install
them.
4. Planning and Community Development (Dan Merhalski, Director):
A. Cocheco River Nomination - Dan introduced Steve Couture from the Rivers Management and Protection Program of the Department of Environmental Services. Gerry explained that the town is under two mandates with the landfill and wastewater plant and he is concerned that this nomination will create extra bureaucracy in regards to the new plants that are in the plans to be within 250 feet of the river. Mr. Couture responded that there would not be any extra regulations with the designation of the river and that any regulations that currently exist are for Hazardous Waste and Solid Waste facilities. Paula also inquired if the nomination would affect the town’s future plans for a new wastewater and landfill facilities and Mr. Couture responded that it would not. (This question was
posed several times throughout the discussion with the same answer given each time.)
Paula said that the Cocheco is now classified as a Class B river with notations that their are problems along the river corridors and she questioned if the town would be responsible to bring the compromised segments along the river up to standards. Mr. Couture replied that the responsibility is the same, those who compromised the water are responsible to clean it. He explained that RSA 43 enforces the existing water quality standards and does not create new regulations. He also said that all local land use decision-making would stay in place regardless of the river designations and that the town would not be held responsible to keep or make the water quality higher than it is presently.
Paula asked what the drawbacks to the nomination are and Mr. Couture replied that he does not know of any. He expressed that the reasoning behind the nomination is to put together a coordinated effort of volunteers from each town along the Cocheco that would work together to create a management plan of recommendations to maintain the quality and quantity of the river. He further explained that the nomination would allow for additional staff from DES to provide technical assistance as well.
Gerry asked how the tributaries are affected and Mr. Couture responded that only new applications for landfills, solid waste facilities and water quantity issues with building permits would be effected.
Joan asked how the committee will be affected if some towns are not participating and Mr. Couture responded that those towns would not benefit. The volunteer committee calls for volunteers to serve for 3 years but does not designate how many volunteers can be present from each community, however, DES is cognizant that they would want balanced representation and the committee needs to have at least seven members.
Dan asked if all new development with 1320 feet of the Cocheco would have to go to this advisory committee before development for comments and Mr. Couture replied yes. Dan then asked if there is any chance the Town might see a reduction in the amount of water they can take from the well. Mr. Couture replied that there is a chance because the state has the responsibility to review water quantity but it does not have anything to do with the Cocheco River nomination into the Rivers Protection Program. Gerry asked if the two new wells that Rochester is putting in are drawing too much on the aquifer who would need to reduce their draw. Mr. Couture replied that if there is impact to the water supply created by the new wells than DES would regulate those
wells.
Charles Wiebel, resident, stated that the proposed nomination did not come through the towns, but from an outside committee to the legislature and cautioned the Board on their approval.
Joan said she is not in favor because she does not feel there is any need for the nomination, noting that the towns can get together on their own to do virtually the same thing. Paula commented that she is in favor of the nomination because she doesn't see how it would hurt the town to assist in creating a management plan for our valuable resource in the river and that it does not impose new regulations or cost the town anything. Gerry stated that he is concerned that there may be changes to the regulations in regards to the wastewater and landfill facilities so he would not be in favor of making any comment regarding the nomination.
Joan Funk motioned to make no comment in regards to the Cocheco River nomination into the Rivers Protection Program, 2nd Gail Ellis for discussion. Discussion followed in which Gail would like to make a recommendation for non-approval because there is no concrete plan. Motion carried with Paula Proulx opposed.
B. Campbell Commons Petition for Road Layout - Tony informed the Board that he is reviewing this petition with legal and the planning office and will forward the information and a recommendation to the Board soon.
C. Cherub Estates Bond - Dan explained that on 8/6/08 the Planning Board voted to call the current bond amount for the Cherub Estates subdivision in the amount of $43,000.00 unless the developer, Peter Rizzo, completes the following in 30 days; 1. the 5 foot gravel walkway must be completed to a uniform 5 foot width, free of weeds and other vegetation, 2. Installation of traffic control signs as approved by the Police Chief at the intersection of Holly Lane and Cherub Dr. and Holly Lane and Old Bay Road and Cherub and Waldron Cross Road, 3. Installation of street name signs at the intersection of Cherub Drive and Holly Lane and 4. Installation of four small "private road" signs above all street name signs. Dan would also like to contract an engineer to see how much it would cost to do the
remaining work, to be charged to the developer and the planning board further recommends that three bids be collected for the completion of the above work in anticipation of possible default by the developer.
Gerry asked if all concerns of the actual roadway have been addressed and Dan said yes. Mr. Rizzo stated that Dan told him if he did the core test on the road than his bond would be reduced. Dan replied that the March 2007 compliance hearing decision cited these items and noted that it has been difficult to track this development because it has been through three town planners. Mr. Rizzo commented that the gravel sidewalks cited were not intended to be used for sidewalks forever but actually as an easement. Dan replied that the 5-foot gravel shoulder needs to be completed per the approved plan. Charles Wiebel commented that he was on the planning board during this subdivision approval and said that the planning board definitely talked about
the sidewalks being needed and the private road signs.
Dan showed the Board a memo date 7.20/08 from LC Engineers, that states there is outstanding work to be completed in the subdivision as well as outstanding invoices that need to be paid.
Mark Guilmett, resident of Cherub Estates, said that the street signs have not been installed. Mr. Rizzo replied that the signs are not on the plat and therefore do not need to be installed. Dan cited 6.2 of the Subdivision Regulation that require street signs. John Theriault, resident of Cherub Estates, pointed out that the application for a subdivision also requires the signage.
The Board gave Dan authority to reduce the bond in any amount that is in excess of the estimate he gets from LC Engineering in regards to the work left to be done for compliance. Mr. Theriault asked who is responsible for winter maintenance if the bond is released. Dan and Gerry both stated that Mr. Rizzo would still be the owner of the private roads and therefore he would be responsible. Mr. Theriault then asked if the Board would endorse a petition for the roads to be taken over by the town this year and the Board replied that he would need to get the road acceptance policy and ensure the road is ready. Dan commented that he has not reviewed the road to make sure it meets the current road standards though it does meet the plans.
Joan Funk motioned to go with the recommendations of the Town Planner and the planning board in regards to the Cherub Estates bond and authorize Dan Merhalski to reduce the bond as he sees fit, 2nd Paula Proulx. Motion carried with Gail Ellis abstaining.
D. Parking Space Request - Ambit Engineering, on behalf of Stamatia Miminas, requested the use of four parking spaces in the Municipal Parking Lot. Dan stated that if the Board approves this request then he would recommend having the applicant repaint the lines in the municipal lot, put up signs noting the resident spaces and lease the spaces to the applicant on a yearly basis. Dan also explained that the applicant could go to the ZBA for a variance to reduce the number of parking spaces they need. Paula commented that if the applicant gets the variance then her residents would have to park somewhere in town anyway.
John Chagnon, of Ambit Engineering, spoke to the application and why they need the parking spaces due to the nature of the lot. Paula stated that the Master Plan supports this idea because it allows for the utilization of the upstairs of downtown businesses.
Joan Funk motioned to not approve the leasing of municipal parking spaces, 2nd Gail Ellis. Discussion followed in which Paula said she would hate to hinder downtown development and if the applicant gets the variance than the extra vehicles will be parked on the street most likely. Motion carried with Paula Proulx abstaining because she has a business downtown and she sees parking issues. Gerry said the Police need to police the parking situation downtown and the Board agreed that a "No Overnight Parking" sign for the municipal parking lot needs to be installed.
E. Pound Road Class VI Building Permit Request - The planning board voted on 8/5/08 to recommend that the Selectmen issue a building permit for Tax Map R-36, Lot 3-1 owned by Cynthia and Jean Crawley, on Pound Road, a Class VI road contingent upon; 1. completion of improvements indicated on the approved subdivision plan dated 7/10/08 as approved by the Road Agent, 2. issuance by the Selectmen of Class VI Road Acknowledgement and Notice of Limits of Municipal Responsibility Disclosure, 3. Filing with the Town a Maintenance Agreement for the applicant's portion of Pound Road to ensure safe travel and roadway maintenance along the applicant's portion of the Class VI roadway, to be signed by the applicant and Town. Joan Funk motioned to go with the planning board's recommendation and approve the
building permit for Tax Map R-36, Lot 3-1 with the said contingencies, 2nd Paula Proulx. Discussion followed in which Gerry stated he would like to see no further development on this road. Gail asked for an explanation of the agreements asked for and Dan explained them. Motion carried with all in favor.
5. Water/Wastewater Department (Dale Sprague, Director):
A. Water and Wastewater Rates -Dale explained that he looked at the 2006 and 2007 incomes for both departments and took out the connection fees, work, encumbrances and capital reserve items to get the "bare bones" income. The average water income is $304,000.00 with actual expenditures at $340,000.00, to come up with a $36,000.00 deficit. Dale said he calculated the rate increase to cover this water department deficit at 43 cents per gallon, which is about $31.00 a year for the average family. Dale explained that he reviewed his budget and can offer his $10,000.00 capital reserve line and the $10,000.00 line for consultants to look at alternative water supplies, to lower the deficit and ultimately reduce the rate increase for this year by twenty cents.
Gerry asked how well #2 is doing and Dale replied he does not do regular testing of the well but last he knew it was of drinking water quality but the pollution sources have not been cleaned up yet. Gerry stated he would not be in favor of not expending the $10,000.00 for the consultants to look for future water sources. Paula suggested utilizing this consultant line and waiting for next year to do the research when the water bond is up. Gail asked how much is in the capital reserve and Dale replied $290,000. Gail then asked if Dale has any large capital improvement projects planned and Dale responded that if the cleaning of the main by the old town hall goes well than he would like to start cleaning more of the mains but that it only costs
between $8-$10,000.00.
Dale explained that the average income for the wastewater department is $301,000.00, with average expenditures at $329,000.00 and a deficit of $28,000.00. He would recommend a 9.5% increase, which would be about $37.00 a year to the average family. Dale explained that he does not have any line items he could give to lower this rate. Joan asked him to scrutinize his budget a little more to see if he can give anything at all.
Gail Ellis motioned to increase the water rates by 9.7% and applying the $10,000.00 that was suppose to go into the capital reserve fund to the deficit, 2nd Joan Funk. Discussion followed in which Paula stated she was not in agreement with the motion because she would rather the town see the larger increase on the sewer side than the water since there was no way to buy that one down. Motion carried with Paula Proulx opposed. Paula reminded the Board that the town needs to meet the benchmark rate on the sewer side in order to qualify for the extra government funds when building the new wastewater facility. Joan Funk motioned to increase the wastewater rates by 7.5% and relook at the numbers in January 2009 to see
where the numbers stand, 2nd Gail Ellis. Motion carried with Paula Proulx opposed.
Dale informed the Board that he did some research on the bonding for the wastewater facility and will forward the information to the board.
6. Old Business:
A. Farmington Ridge Water Meter Agreement - Residents of the development stated that they just formed a resident association and that they are filing an injunction against Mr. Phillips and therefore would like the Selectmen to hold off on making any decision. Tony explained that he did speak with the resident association's attorney, Mr. Krasner, this morning and that there is no problem with the town signing the water meter agreement because it has no direct effect on the injunction. Bob Knowlton, resident, asked who residents will call if there are water issues and Dale replied that the homeowners could call him and that he would then contact Mr. Phillips with the correct information. Joan Funk motioned to approve and sign the water meter maintenance agreement for Farmington
Ridge, 2nd Gail Ellis. Motion carried with all in favor. The Board then discussed that they would like Dale to leave in the master meter for a while so that homeowner usage can be compared to the master meter reading.
B. Fuel Keys - Gerry asked for Dale to get a price for equipment to monitor the date, fuel taken, key id#, and odometer reading for the fuel system. Dale replied that he could do that but in the mean time could put a manual log at each pump so that each employee could fill out the same information. The Board was in agreement that this manual log should be kept. Tony informed the Board that the Middleton school bus does not utilize the pumps and Dale added that the buses all share one key because they did not need to itemize their usage and he needed the key slots.
C. PSNH Streetlights - Tony informed the Board that he received a report from Ms. Lewis but it is not exactly what the Board was looking for so Ms. Lewis is going to send out lineman to check the individual light poles.
D. Dispatch Agreement with Strafford County - Gerry questioned the figures in the agreement because they do not seem to coincide with the formula. Tony replied that he believes the County is not going by per capital but actually figuring the rate on the volume of calls. He further explained that he spoke Mr. Bower on Tuesday and that he had been on vacation for the past several weeks but promised to respond to Tony questions this week. Tony said if he does not get a reply by the end of the week then he will draft a freedom of information request.
E. Hiring Process Policy - Gail and Paula said they both just received this information tonight and asked for the discussion to be tabled until the next meeting. The Board agreed.
F. Fuel RFPs - Tony expressed that he would like to send out RFPs by the end of the week using the same usage numbers as last year with the exception of setting aside a certain amount for welfare. The Board agreed this is okay.
7. New Business:
A. Request from the 500 Boys and Girls Club - The 500 Boys and Girls Club requested additional assistance from the Public Works department at the ball fields on Paulson Road. They are looking to have a pile of tailings leveled off into a depressed area and have the parking lot graded in reshaped. Tony said the work is expected to take 1-2 days. The Board discussed that the town has a lot of work to do and really does not have the extra time to offer right now but that they would be willing to reconsider this in the fall
10:20 pm - Joan Funk motioned to go in non-public session under RSA 91A.3.II. (b) and (c), 2nd Gail Ellis. Roll Call - Gerry McCarthy (yes), Paula Proulx (yes), Gail Ellis (yes) and Joan Funk (yes).
The Board came out of non-public session and Paula reminded Tony about the railings and the downtown flag that was discussed at the previous meeting.
Paula Proulx motioned to adjourn, 2nd Gail Ellis. Motion carried with all in favor.
Meeting adjourned at 10:56 pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
__________________________ _________________________
Chairman, Gerald McCarthy Vice-Chairman, Martin Gilman
__________________________ _________________________
Paula Proulx Gail Ellis
__________________________
Joan A. Funk
| 
