TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, October 6, 2008
356 Main Street, Farmington, NH
Selectman Present: Chairman Gerry McCarthy, Marty Gilman, Paula Proulx, Gail Ellis and Joan Funk.
Town Staff Present: Town Administrator Anthony Mincu, Fire Chief Rich Fowler and Public Works Director Joel Moulton
Public Present: Norman Russell, Victor Lapierre, Ray Bower, Becky Silvia, Heather Stromberg, Cathy Spangler, Mrs. Eddy, Gordon Lubbers, Tim Moody and Mr. Eddy
Chairman Gerry McCarthy opened the meeting at 6:00 pm.
1. Public Comment: (Gerry explained that he was opening the floor to public comment but at 6:15 would stop it for a meeting with Ray Bower and then go back to public input after.)
A. Norman Russell thanked the Board for the opportunity for residents to speak their mind and offer criticism to the town staff and Board. He requested that the Board set standards for all department heads and workers and hold them accountable to them.
2. Ray Bower, County Admin/Dispatch Fund:
Mr. Bower informed the Board that as a result of their inquiries the County found expenditures that were non-capital items and then thanked the Board for bringing it their attention. He explained that the County Commissioners have taken over the treasury of the fund and have set a meeting for 10/16/08 with the Police Chiefs. He further explained that the County attorney issued an opinion that while the fund was used for non-capital expenditures it was not for any thing that would be illegal under the fund. Mr. Bower gave the Board copies of a detailed expenditure report and stated he could still supply them with the actual receipts if they were so inclined. He added that a large portion of the non-capital expenditures were for staff certifications and that at the meeting on
10/16 he is hoping to establish a 5-year budget plan with a per town rate to reflect this budget. And during this time a determination of the value and cost of keeping the dispatch office certified will be made.
Gerry commented that Chief Conway said he thinks they are going to change the name of the fund and how it is spent but that he (Gerry) hopes this will not happen. Mr. Bower responded by explaining that this is definitely not going to happen and the fund will remain a capital fund.
Joan stated that the dispatch is obviously going to grow if they take on larger cities like Dover and questioned if these types of cities will push out the smaller ones. Mr. Bower replied that before the County took on Durham they conducted a study to see what it would take personnel wise to do so and would do the same before any other town was signed on. He also stated "my bosses remember their roots, so they will not allow the dispatch to grow despite the starting towns."
Marty asked if any of the capital items in the expenditure report when out to bid. Mr. Bower replied that they dispatch is suppose to follow the county purchasing policies but he has not seen any evidence that any of the items went out to bid. He then added that for now on the purchasing policies will be followed and all meetings will be recorded. Marty then asked if the meeting held a few days ago was public and if it was why wasn't the town invited. Mr. Bower explained that it was a public meeting and the town staff should have been invited through the Chief.
Paula commented that she was taken back by some of the comments listed in the newspaper because money was coming into the county in which no one was accountable. Mr. Bower replied that it was not a fund that went through the county and the expenditures were approved through a vote of the Chiefs. He explained that for now on all expenditures will go through the commissioners office in which they will make sure the expenditures are in line with the approved budget. Paula then asked who set-up the budget to determine what the town rate was. Mr. Bower replied that the Chiefs did. Joan asked if the fund is audited and Mr. Bower said yes, the auditor would go right to the Sheriff's office each year. He then added that the County never
authored or authorized these checks in the past, though the will be doing so for now on, and thanked the Board again for their scrutiny that brought this to light.
Gail asked if the Town could get copies of future expenditure reports for the fund and Mr. Bower replied he would have no problem doing that but hoped the Board would be comfortable with monthly or quarterly reports. Marty than asked why, if the auditor was looking at this fund since 1988 did he not pick up these non-capital expenditures. Mr. Bower responded that he asked that same question and the County is planning to ask just this question and get the answer in writing.
Gail reminded Mr. Bower that the Board had also requested a definition of the fund and the guidelines that were set-up for it. Mr. Bower replied that the commissioners are signing new agreements with all the participating towns and that in those agreements the fund is spelled out but he could certainly provide 1987 emails that discussed the creation of the fund. Gail responded that she would like copies of those emails. Joan asked if future agreements can come through the town administrator instead of the Chiefs and Mr. Bower replied he could certainly do that.
3. Public Comment Continued:
A. Tim Moody, resident, asked the Board for an update on what is happening with the drainage situation on School, Orange and Church Streets. The Board replied that they have no new information at this time but that Joel Moulton is still working on a plan to best rectify the situation.
4. Introduction of Strafford Network -
Becky Silvia and Heather Stromberg introduced themselves as representatives of the Strafford Network. They explained that their purpose is to find gaps in communities and help to find resources to fill those gaps. They will be stepping in to take over representation on the 21st Century grant and the representation on the youth and family roundtable for the recently dissolved Preservation Guild. This will include Ms. Stromberg heading in the Farmington Preservation Program for 20 hours per week; she will also be looking into the community to see other ways they can help.
Gerry asked where the funding is coming from to pay for this service and Ms. Silvia responded that right now they will be working of funding from the NH Charitable Trust and United Way but will be seeking other funding once they establish their 3-5 year plan for assisting Farmington. Paula asked how they are planning to approach this program and Ms. Silvia responded that right now there immediate plans are to carry out the grants already approved for the Guild and to create a plan for the future.
5. Old Business:
A. Public Works (Joel Moulton, Director) -
1. Levee Maintenance - Joel presented the bids he received for this project to the Board. Marty asked if the stone in the Sarah Greenfield Park and such is for this project and Joel said yes, he has plenty of stone for the maintenance work. Paula asked Joel to explain his recommendation for which bid to choose and Joel explained that the second bidder was probably the best choice because they can just put their bucket in the river and not their entire machine. Marty stated that if DES is not going to do the maintenance then the town should do it in the most cost effective way and asked if the Army Corps gave written permission. Joel said he can get an email from the Army Corps giving permission for the maintenance. Marty Gilman motioned that as long as
Joel gets a fax or email with the okay from the Army Corps, Joel can go ahead and use Barron Brothers for $5000 to do the levee maintenance, 2nd Gerry McCarthy. Discussion followed in which concerns were raised that confirmation from the Army Corps needs to be on file with the town before work commences. Motion carried with Gail Ellis abstaining.
Gerry asked if Joel can use the new GPS system to map the elevation of the river after the maintenance is complete in case of future flooding and Joel said he would do this.
2. Updates - Paula asked if the maintenance scheduled for this year has been completed. Joel responded that most of it has been done but he still has a few trees to be removed. Gerry then asked what it going on with Asplundh. Joel explained that he spoke with them and they are now working on a plan to see how they can assist the town and not lose their parking. The Board said that was okay as long as the agreement was received in writing.
Gerry asked if Joel had a date in mind for fall clean-up at the landfill and Joel said it will be at the end of the month, he just needs to pick a day. Gerry then asked if Joel has received any response from Jeff Andrews (whose crusher has been left on town property) yet and Joel said no, but he is working on it with Tony.
Gerry asked if anyone checked with Frisbee to see if the bus shelter can be placed by Family Care. Tony said no because Dan went to the COAST meeting and they said their highest ridership is at Rite Aid. Joel and Tony will follow-up to locate the best positioning in the Rite Aid vicinity.
B. Dissolution of the Farmington Preservation Guild -
Tony informed the Board that Chief Fowler was contacted by one of the Board members of the Guild in regards to new housing for the historical fire trucks. Further Gary Farrows, a board member of CHANCES, contacted the town and would like the trucks moved as soon as possible because they would like to do some renovations to the building. Tony said that the temporary solution as been found and the trucks will be temporarily parked at the Collins & Aikman site, but they will need a permanent home. Marty commented he was surprised the Guild did not forward money back to the town as a sign of good measure.
C. Tall Pines Culvert -
Cathy Spangler, resident of Tall Pines, expressed to the Board that she was unaware there was an issue with the culvert until she received the letter a few days ago from Mr. Moulton. She stated that there is no current association with the homeowners on Tall Pine, although there was a semi co-op. She added that she feels the town is responsible to replace the culvert because they allowed a home to be built at the beginning of the road without the appropriate drainage. Then she questioned if they would even have the right to install a 12" culvert when there is a wetland there and that maybe the town crushed the original one with there trucks while doing the work on Chestnut Hill Road.
Gerry responded that the town couldn’t go on private property to fix this culvert that is not working properly. Ms. Spangler said that the water is draining though. Paula said that if the water is draining then there is no pooling of water that will undermine Chestnut Hill Road then there is not a problem. Ms. Spangler questioned if the drainage issue would be the responsibility of the homeowner the water is pooling on. Marty stated that the collapsed culvert is causing the drainage problem. Paula reminded the residents that whoever owned the original parcel would have gone through the planning board and would have had to meet certain conditions of approval, including the development of a homeowners'
association.
Joan added that the water that is pooling has saturated the side of the road and in order to get the culvert fixed on Tall Pine she has to go with the route that the standing water will undermine Chestnut Hill Road. Joan added that she has contracted a wetland specialist to assess this drainage issue and also feels that the culvert the town installed across Chestnut Hill Road has added to the water problem. Ms. Spangler asked what responsibility the town has. Joel Moulton responded by saying the culvert he installed across Chestnut Hill Road was a replacement of the same size and all it does is drain the water in heavy rains and flooding. Joan questioned if Joel had originally told her it was going to be a
bigger culvert and Joel replied yes, but he couldn't, so he used the same size. Joan stated that she disagreed with Joel statement and that the newly installed culvert is bigger.
Mrs. Eddy, resident of Aspen Dr., questioned why residents of Branson and Aspen were contacted about this problem. Joel explained that this was once one large development and he was directed to do so by the Board. Mark Eddy, resident of Aspen Dr., stated that he has observed the drainage change over the past two years and this is not a new problem.
Gordon Lubbers, resident of Tall Pine, asked if they could pump the water out of the area instead of installing a new culvert. Gerry replied that this could be done but it would not solve the longstanding problem and the area would have to be pumped if installing a culvert anyways. Mr. Lubbers responded by saying there is no formal, legal association to handle this and further asked how one would go about proving who owns the road. Paula explained that the planning office has all the records of how the development was created.
Mrs. Eddy asked if something were to happen to Chestnut Hill Road, would she be responsible where she owns Aspen Dr. Gail replied that one would have to go back in the archives of the planning office to see how the development was originally established. Paula added that the town cannot tell the residents of Tall Pine what to do but can offer suggestions to assist them so they don't have bigger problems if the water impacts the town road. Gerry added that there is a road acceptance policy they might be interested in looking into. Joan stated that she feels the town should have replaced the culvert to begin with, but a resolution needs to be made because her property is under a lot of water. Mr. Lubbers
asked what the measurable standard would be to remove the liability from the residents and Gerry replied that the water just needs to be brought back down to where it has historically been.
D. Prosecution Building/Courthouse -
Gerry stated that if the prosecution wants to raise the town's cost to $25,000 and move out of the courthouse building then he is okay with that. He explained that it is only $2,600 more than what the town currently pays now, but we will save that in fuel, lights, supplies and such. The question was raised as to why officers would need to travel to the new prosecution office instead of using a fax, phone or computer as the Police Chief says in his memo. The Board agreed to meet with Scott Roberge to get all the necessary information. Joan then questioned, if the prosecution office can get rental space cheaper than why would the cost go up for the town. Paula added that the prosecutor is an employee of the
County and questioned if the prosecution alliance can make the decision to move him or if the County Commissioners need to approve this (another situation like Dispatch??).
6. New Business:
A. Crossing Guard Status -
The Board agreed to post the crossing guard position and suggested that Tony contact the schools to see if the SAU or the PTA would be interested in taking over the control of this position, thinking they might be able to get volunteers to cover it. If not, then Tony will post and look into an appropriate salary range.
B. Health Officer Position Posting -
Tony explained that there are two options; one would be to give the responsibilities back to the Code Enforcement Officer, Dennis (who would want compensation), or post the open position. Tony reminded the Board that Dennis' salary is paid through permits and that there is a significant downfall in permits this year. Paula commented that since permits are down then it would not be over-burdensome to assign this task to Dennis until building picks up and then the Board can consider adding additional compensation. Tony said he did speak with Dennis and he is not willing to take on this position without compensation. Paula said that he is not as busy as usual and these extra responsibilities would keep him in a
job. Marty responded by saying that this is a tough situation because Dennis' is the only position in which he is paid by what he sells. Tony questioned if the position should be continued to be set-up in this way noting that no money is budgeted for his salary each year.
The Board directed Tony to talk this through with Dennis and see if he will take the health officer duties without compensation until the 2009 budget season, noting that the Board recognizes that he does an excellent job.
C. FCTV Position Posting -
Tony informed the Board that Ed Mullen has a replacement in mind and questioned if the Board wants to post the position. The Board agreed that they need to follow policy and post the position though they would like Ed's prospect to apply.
The Board took at short recess at 8:57 pm and reconvened at 9:04pm.
D. Joint Loss Management Report -
Tony informed the Board that Barbara and Scott Ferguson did an inspection of the public facilities and forwarded this report to the Board. He further added that Rickett is currently working on the weather stripping for the doors. Paula asked if the Joint Loss Committee is going to give updates on the work being done and Tony said he would have them do so. Joan commented that the Board told Scott to hold his maintenance line because they were looking at a different building. Paula and Gerry responded that they did not remember asking Scott to hold his repairs off and instructed Tony to get Scott working on his maintenance items.
E. Blessings of the Animals Request -
Tony said the representative was suppose to be present tonight but since they are not he will reschedule them.
7. Review of Minutes:
A. Gerry McCarthy motioned to table the non-public minutes of 9-8-08 because they have not been updated, 2nd Joan Funk. Motion carried with all in favor.
B. Paula Proulx motioned to approve the non-public minutes of 9-19-08 as presented, 2nd Gail Ellis. Motion carried with Joan Funk abstaining.
C. The Board tabled the non-public minutes of 9-25-08 because there was no attendance listed.
D. The Board table the public minutes of 9-22-08 to give Brandy time to verify the statements in 4A.
E. The Board tabled the non-public minutes of 9-22-08 because Gail would like more information put into them. Marty Gilman motioned to seal the non-public minutes of 9-22-08, 2nd Gail Ellis. Motion carried with Paula Proulx opposed.
8. 2008 Budget Review:
A. Gerry questioned why line 01-4130-10-341 (town hall telephone) is so high. Tony explained that Fairpoint has not been doing so well with the billing process though he has been on top of it. Paula questioned if the Fairpoint contract was a three-year one and Tony said no, the contract was with Verizon so it is not valid and he will be searching out new service after the year is up.
B. Marty asked what the plans are for highway salt (01-4312-50-688). Joel said that he has 300 tons of non-mix and almost a whole bay of pre-mix already, so as long as the year starts off light he will be all set.
C. Gerry asked why line 01-4155-20-260 (workman's comp) is so high. Tony explained that the auditor found that the town has underpaid so we had to catch up.
D. Paula questioned line 01-4153-10-320 (legal services). Tony explained that $6000 was for the Budget committee suit with the school board, plus there was the Collins & Aikman suit and the extra appeal just a month or so ago.
E. Marty questioned why line 01-4150-20-3101 (auditor) increased and Tony explained this was for the SAMCO grant.
F. Paula asked where the money is coming from to pay for the extra planning board secretary, which by the way she is not sure why the planning secretary is not covering because it is her job. Tony replied that there was a conflict between the planning secretary and a volunteer on the board.
G. Marty questioned if there will be enough money is line 01-4445-20-839 (welfare) to make it through the upcoming months. Tony explained that Dawn has had 113 applicants come through her door since she started and this is a similar trend in all welfare departments across the state. He also reminded the board that the fuel the town purchased with the fuel bid will assist this line.
H. Paula asked why the emergency management section of the budget is being put under certain departments, as they were always called out in their own section. Tony said he would check with Pam.
I. It was asked if the overtime was ever fixed under Joel’s budget and Joel explained that he does not think it can be fixed in this report but the money to cover the over expenditure came in as revenue.
J. Gerry reported that he did meet with PSNH about the street lighting.
K. Paula noticed that Joel has been using Labor Ready at $15/hour when the Board previously approved a per-diem position at $10-$12/hr. Joel explained that Labor Ready has worked out well to cover the personnel issues they have had over the summer. Paula asked if these people handled any of the money and Joel said no he was very specific about that.
L. Joan asked Joel if all his negatives are worked out and Joel said the only negatives he has are in overtime and street signs.
M. Gail commented that Joel has lots of encumbered funds, like tvs and monitors. Joel said he has been taking care of these items about every other month and has been saving money by having the employees take the plastic casing off the tvs.
N. Gail noted that if you look at the back page there seems to be a short fall of about $2 million. Tony responded that he thinks this is one of the peculiarities of this program. Paula said that Pam could probably explain it.
Marty Gilman motioned to go in non-public session under RSA 91A.3.II. (b), 2nd Gail Ellis. Roll Call - Gerry McCarthy (yes), Marty Gilman (yes), Paula Proulx (yes), Gail Ellis (yes) and Joan Funk (yes).
Marty Gilman motioned to adjourn, 2nd Gail Ellis. Motion carried with all in favor.
Meeting adjourned at 10:28 pm.
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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