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Selectmen Minutes 10-20-08
TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, October 20, 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, Police Chief Scott Roberge, Lt. Kevin Willey, Public Works Director Joel Moulton, Fire Chief Richard Fowler, Water/Wastewater Director Dale Sprague and Parks & Rec. Director Rick Conway.

Public Present:         Norman Russell, Ed Mullen, JoAnn Doke, Tim Moody, Mr. LeClair and Tammy Labonte.

Chairman Gerry McCarthy opened the meeting at 6:00 pm.

1. Recognition of Service:
The Board recognized Ed Mullen’s dedication to the town and the great work he has done with the Farmington cable channel and the website.  Mr. Mullen was presented with a plaque for his dedication to the town.

2. Review of Minutes:
A.      Joan Funk motioned to approve the 9-8-08 non-public minutes as written, 2nd Marty Gilman.  Motion carried with all in favor.
B.      Joan Funk motioned to approve the 9-25-08 public minutes as written, 2nd Gail Ellis.  Motion carried with all in favor.
C.      Joan Funk motioned to approve the 10-1-08 non-public minutes as written, 2nd Gail Ellis.  Motion carried with all in favor.
D.      Joan Funk motioned to accept the 10-6-08 public minutes as amended, 2nd Marty Gilman.  Motion carried with all in favor.
E.      Joan Funk motioned to accept the 10-6-08 non-public minutes as amended, 2nd Marty Gilman.  Motion carried with all in favor.

3.  Review of Minutes:
        A. Joan Funk motioned to accept the public minutes of 8-25-2008 as amended, 2nd Paula Proulx.  Discussion followed in which it was noted that under 3. C and D the date needs to be changed to 9/22/08 and in 4B the background checks should be completed "before" employment commences.  Motion carried with all in favor.

4.  Public Comment:
A.  Paula informed the public that the downtown flag was stolen and Mr. Dean graciously put up one until one could be located.  Mr. Thomas Taylor, Jr. recently donated a flag to the town for this pole.

B.  Joan stated that a few weeks ago during a meeting she made the comment that she was surprised that nothing was mentioned to the Selectmen in regards to the CHANCES office acquisition of the recently disbanded Preservation Guild.  Joan recently learned that a member of the Board was present at least two of their meetings and apologized for her comments.  Gail added that she did attend one of their meetings but the disbandment of the Preservation Guild was still under discussion and nothing had been decided at that point.  Joan commented that Gail's name was not mentioned as the Board member being present.
                
5.  Department Heads:
A.      Water/Sewer Department:
1.  Sewer Update/Flow Test Opera House - Dale informed the Board that the preliminary reports looks good for the sprinkler system.  Before the line cleaning he was getting 784 gallons/min and now it is at approximately 1300 gallons/minutes.  Dale commented that since this line cleaning was so successful he put together a cost sheet to do similar work on Main Street for about $11,600.  Dale added that this money would have to come from a CIP fund because he does not have money in his budget for the work.  Dale also stated that he did informally speak with Butch Barron of Barron Brothers and asked him for a rough estimate of what it would cost them to do the work and he estimates $4-$6,000.  Dale estimates the job will take about 5 days from start to finish.  Marty said that there is a 3-year time limit for the sprinkler system on the Opera House and maybe the town could look at the town hall renovation fund for the money for this line cleaning.  Gerry asked Dale to come up with a figure for labor costs if his department does the work and if it is close to Barron Brothers’ estimate then to contract out.  Gail stated the work would need to be put out to bid.  Dale replied that he would work the numbers and get the bids by Wednesday.  Marty then asked Dale to check with Pike and see when paving will stop.  He then asked Tony to check with Mr. Bergeron to see what the initial costs of the sprinkler system will be so that number can be compared to what is in the fund.
2.  Gail asked Dale if he had his CIP plan yet and Dale said he finished it a week or so ago and thought she already had it.  Dale said he would check with his secretary and have it forwarded right away.
3.  Dale reminded the Board that the workshop for the Wastewater Treatment Plant upgrade is scheduled for Wednesday, October 22 at 5:30pm.
4.  Marty told Dale he did a great job on the water line cleaning and that the residents have noticed some improvements.  Joan asked if this type of work will be regularly scheduled maintenance and Dale said he would like it to be, but the budget will need to support it.

          B.  Police Department:
          1.  Prosecutor's Office Status -  Scott Roberge informed the Board that in 2003 when the town signed the prosecutor agreement it was reviewed by the town attorney and that the rate was $21,000 just as it is now.  He added that according to the assessment rate the town should be paying $27,000 for this service, but that we get a break for providing the office space.  Scott said that there are other benefits to having the prosecutor in town.  For example the town saves gas and postage because the officers can walk to the prosecutor office for consultations and to deliver files.  Scott said he figured that if the office moves to Dover then there will be an extra 6,000 miles on the vehicles and $1,100 in fuel to transfer case files to the office.  Scott then told the Board that he did speak with the other chiefs to see if they would be willing to pay more but they were not agreeable to this, noting that it costs them to drive to Farmington and they also supply the prosecutor with supplies.
Joan asked how much it cost for the utilities for the building the prosecutor is in and Tony said it is about $8,500 a year for heat and $135 month for electricity, but those numbers are for the whole building.  Gerry commented that the Board never said the prosecutor had to move out they were just looking to make it fair.  Scott replied that two years ago when the county and other towns had an increase, Farmington costs did not go up because we provide the office space.  Paula commented that maybe better bookkeeping needs to be done to keep track of what other towns provide and offer in supplies so that it "seems fair" and everyone is on the same page.  Scott said that the prosecutor does not have to move out if the Board decides to leave the situation as is, but that he will certainly move out if there is no resolution in the next 4 weeks or so.  Gerry stated that it might be cost effective to go in with a few towns and hire a private part-time prosecutor.  Scott disagreed and said that the town would definitely require a full-time prosecutor due to scheduling issues with the courts and the officers.  Marty commented that he does not think Farmington should be subsidizing other towns.  Paula asked Tony to get prices on a private prosecutor.  Gail asked for the square footage of the office space and stated that maybe the Board needs to set a number as to what type of compensation they are looking for.  The Board agreed and will work on this figure for the next meeting.
2.  Scott reminded the Board that he sent them a memo this week regarding the maintenance that needs to be done at the police station in that he is unsure where to begin.  Marty said that he would start by filling in the holes from the outside in, putting heat in the foyer and front office and stopping the air conditioning from leaking.  Joan said she believes the mold needs to be addressed first.  Marty also suggested moving the files from the basement area to under the stage.  Paula suggested Scott sit down with Tony and Kevin Willey to make a priority list of maintenance, get some bids and get the work done.  Scott replied that he would get the bids to address the mold, electrical issues and heat and forward them to the Board as soon as possible.
3.  Joan said that Deb Lee recommended Kevin Willey for the Emergency Management Manager.  Scott replied that he feels Rich Fowler would be the most appropriate choice for the position because of the nature of the position.  He said that the emergencies are primarily EMT and Fire personnel based and that though his department certainly plays their role the fire department plays a much bigger part.  Tony said that he has had department head meetings regarding this and they have come to the same conclusion.

C.  Parks & Recreation:
1. Explore classes - Rick Conway informed the Board that he has been asked by the Explore board to maintain the Explore website and to assist with the scheduling of the next round of classes and would like direction from the Board as to how involved they would like him to be.  Joan replied that it was her impression that Rick should just be taking the information from the board and putting into the brochure only.  She then asked him how long it took him to get the class information ready for the brochure.  Rick explained that they had the classes in a different computer format so it took him a whole day to prepare and get the brochure to the printer.  
Gail asked if the town paid the full cost of the printing of the brochure.  Rick explained that he was under the impression that the $19,600 in the Explore line was to pay for the Explore pages in the Rec brochure, but that there was a dispute as to who would pay for the small Explore programs for Milton and New Durham.  Because of this dispute Milton cancelled their order and so as to not hold up the printing of the brochures, he agreed to print them under the agreement that the Explore board and the town of New Durham would reimburse Farmington for their copies.
Paula asked what the payroll line in the Explore budget sheet was for.  Gerry said the money was paid to Donnie Gagnon for his hours that he worked on the Explore program over and beyond his regular week.  Paula asked if Tony okayed these payments and Tony said yes.  Gerry said he believes the Board said that Donnie was supposed to track his hours for the Explore project and get paid for them.  Paula said she does not remember this conversation and would like someone to show her it in the minutes.  She added that the minutes from the town meeting need to be reviewed because she believes that any expenditures from this line item were suppose to be approved by the Board.
Gail questioned why there are two charges on the credit card from Seacoast Media Group.  Rick said that he is awaiting reimbursement for the programs to cover the charges.  Gail asked why he was using the credit card and not the purchasing policy.  Rick replied that when he came into the position he was told to go to Seacoast Media Group for the printing.  Gail asked Rick to work with Tony to utilize the appropriate purchasing policy in the future.  Rick replied that he certainly would and apologized for assuming the printing already had been out to bid.
Gerry asked what the Explore board is requesting him to do over the next few months.  Rick explained they would like him to facilitate the Explore meetings, maintain the website, coordinate the classes and handle the registrations (which Deb Christie is currently doing.)  Paula stated that hours were suppose to be kept to see if it was feasible for the town to take on the Explore program under the Rec.  The Board agreed that Rick does not have time to maintain the Explore website.
2.  Joan stated that the roof in the Rec. is still leaking and asked Rick if it has been taken care of.  Rick replied that his understanding is that this has been an ongoing issue and he will try to find the best resolution.  He further stated that the floor is actually a bigger concern to him and he would like to have the heaves repaired and the floor re-polyurethaned in December when the Rec. is closed for a week.

The Board took a short recess from 8:10pm to 8:15pm

        D.  Public Works:
               1.  Discuss DOT/Rte. 153 Maintenance -  Joel informed the Board that he met with the representative from DOT last Thursday and was given a map that showed the town was responsible for the year round maintenance of the section of 153 from Charles Street to Webster Street year.  (Joel will forward this information to the Board).  Joel also explained that DOT has claimed responsibility of the summer maintenance for the 153 bridge, Central St. to Tappan St. and Central St. to Webster St.  Joel then stated that he has not seen any written agreement in regards to ownership or maintenance on any of the sections of roads discussed tonight.  Joel then added that he could however post 153 in the spring based on this document. The Board asked Joel to keep working on this to see if he can find any written agreements.

        2.  Bus Shelter - Joel informed the Board that DOT approved the section of grass by Rte. 11 and High St. for the bus shelter and to install it he would just need to get an excavation permit.  Joel added that this site would work well for ADA guidelines and plowing.  Paula said that a barrier would need to be put up to protect residents waiting from vehicles.  Marty agreed that the safety of the riders waiting in this shelter would be a concern and asked Joel to put some pins in so that the Board could visit the site and see exactly where he is speaking of.

        3.  Joel stated that he recently attended a pre-disaster mitigation grant session in which he learned some valuable information.  As a result of this session he is looking to apply for a grant to assist the town with drainage update.  He also explained that towns can apply for up to a million dollars but there is an 80/20 cost share.

Gerry asked what Joel is considering for the Orange Street area and Joel said he is looking to do some mitigation and some work with GIS.  Gerry suggested Joel contact Clark to see what he knows about the drainage system in the area.

        4.  Joel stated that he has a few pieces of town property at the DPW that he would like the Board to consider selling; like a roller, the old Parks & Rec. truck and the 1995 DPW truck.  Joel said that he has had several inquiries and wanted to know if he should post the items in the paper.  Joan said the items need to be posted before they are just sold.  Gerry asked if the old ladder truck is still at the DPW and Joel said yes, he has not heard anything from the Fire Chief about it.  (Gail asked what happened with the Fire Chief's car and Joel said they put a new transmission in it.)

        5.  Joan asked for an update on the Asplundh situation and them using the DPW for parking.  Joel said he has not heard anything back from the foreman as to how they will assist the town so he will tell them this week that they need to be out.  Gerry asked Joel to change the lock once they are out.

6.  New Business
A.  SRPC Price Increase:  Tony informed the Board that Strafford Regional Planning Commission (SRPC) is going up on their yearly dues by 5% and that John Law (town representative to their board) recommended that the town drop their membership.  Dan Merhalski said that he would prefer to negotiate with them because they have been very helpful to him and the town in several occasions.  Joan asked if John Law's and Paul Parker's memberships are separate from the town's and Dan said no they are just representatives of the town to the SRPC.  Gerry asked what the town currently pays and Tony said about $6,500 and that the only thing the town gets for their dues is the representation on the SRPC board.  Dan said that the town also get about 30 legislature update books each year and maps and such at no cost, although he is not sure what these items would cost without the membership.  Dan will look further into the benefits of paying the SRPC membership dues.

B.  Appointment of Health Officer:  Tony informed the Board that Dennis Roseberry agreed to take on these duties.  Marty Gilman motioned to appoint Dennis Roseberry as the Town Health Officer, 2nd Joan Funk.  Motion carried with all in favor.  Paula asked if the Board needed to appoint an assistant and Tony said no the Health Officer appoints it though he believes Deb Lee offered to hold the assistant position.

C.  Appointment of Emergency Management Officer:  Marty Gilman motioned to appoint Rich Fowler as the Emergency Management Officer, 2nd Joan Funk.  Motion carried with all in favor.

D.  Set Time and Date for FCTV and Parks & Rec. Assistant Director Interviews:  The Board set the interview session for October 29 at 5:30pm with the Parks & Rec. interviews to be scheduled first.

E.  Other:  Tony informed the Board that he met with all Department Heads on Friday and put a spending freeze on for all unnecessary spending because it looks like there is going to be a revenue shortfall.  He further added that in a discussion with an SAU employee and the town clerk it was learned that the paperwork that was due to the state on 9/1/08 has not been submitted yet.  As a result the town cannot set the tax rate and therefore tax bills will be going out late.  Also, as a result of this inaction the town may need to take out TAN (tax anticipation notes) at approximately 3.1%-4.1%.  Tony said that the paperwork could have been submitted by doing the numbers for both the old and new teacher and para contracts.  Paula asked how many conversations Tony has had with this person's superior.  Tony replied that he has tried to speak with the superior with no response and therefore would like to forward a request to the SAU for the documents no later than this Friday.  The Board agreed that this was a good approach and asked Tony to hand deliver the letter to the SAU.

7.  Old Business
A.  Tall Pines Culvert:  Mr. Russell began by explaining that he would like the Board to take some action on what he has to say tonight and therefore asked Joan Funk to recuse herself.  Joan recused herself noting that she would have done so anyway.  Norman Russell explained to the Board that he asked for this item to be put on the agenda because after the last meeting he did some thinking and in his opinion there has been a drastic impact to the wetlands in the Tall Pine area due to the failed culvert which could impact flood control, surface and ground water and the aquifer.  He further added that if this is failed culvert and flooding continues to be ignored the wetland and its ecosystem will be impacted.  Mr. Russell stated that he believes the Board should instruct the Conservation Commission to investigate this area to see if an unnatural alteration of the wetland was caused by a failed culvert and then have them file a complaint with the Wetlands Bureau who will then need to follow through with the complaint.  He further believes that the Wetland Bureau would identify who is responsible for the wetland alteration.  
Marty commented that if a complaint goes to the Bureau it will be much more costly to repair because they will require studies and engineering.  Marty then asked if the residents of Tall Pine own to the center of the road or to the edge with the road under common ownership.  Tony said if the question went to legal they would probably say the landowners own to the center of the road unless otherwise stated in their deeds.  
Mr. Russell then stated that in his opinion the culvert that Joel Moulton replaced across Chestnut Hill Road in no way impacts that wetland, even if it was two times the size of the original culvert.
Gerry commented that maybe Joan as an abutter could file a wetland complaint to DES or the Conservation Commission.  Joan responded that she would hate to do that to the residents but she might not have any other choice.  Ed Mullen, resident and previous member of the Conservation Commission, noted that he would be furious as a Conservation Commission member if he were not notified of this situation right away.  Paula asked if he thought it would be prudent for the Board to notify the Commission and Mr. Mullen replied yes and that a simple call to the Chairman, Kristie would be sufficient.  Gerry commented that he feels this is a private matter and he does not feel the Board should take a position.  Joan stated that she does not feel the Tall Pine resident or her are being treated fairly and feels that Joel should have been allowed to replace the culvert as he was planning to do.  
Gail Ellis motioned to forward the concern of the failed culvert and the flooded wetland to the Conservation Commission, 2nd Paula Proulx.  Motion failed - Paula Proulx (yes), Gail Ellis (yes), Marty Gilman (no), Gerry McCarthy (no), and Joan Funk (abstain).  Gail stated that she feels the Board is already one step into this matter because they had Joel Moulton send the letter to the residents informing them of the problem.  Marty replied that the letter was sent to make them aware of a situation that was brought to the Board's attention.

B.  Cortland Street:Tim Moody - Mr. Moody asked if FEMA money is given to the town every year.  Tony replied that it is only awarded if there is a federally declared disaster.  Mr. Moody then asked what paid for the culverts on Chestnut Hill Road.  Gerry explained they were fixed with FEMA mitigation money.  Mr. Moody then asked what is planned for the drainage issue in his area of Orange Street.  Gerry responded that Joel has an estimate to do the work in that area but he cannot start that project until he completes the work further down stream because it will cause more damage if he does.  He also explained that Joel has a plan to apply for grants to do this work next year.  Joan stated that she understood that Joel's plans are to work in the public way not the private.  Gerry agreed.  Mr. Moody stated that he and his neighbors will have to plan to fight the ice and snow again this year and Gerry said unfortunately yes, but the new plow should hopefully alleviate some of the issue.

8.  Planning and Community Development:
A.  Amendment to the Sarah Greenfield Business Park (SGBP) By-laws - Dan Merhalski explained that he is proposing an amendment to the SGBP by-laws to allow an auto body shop business within the park.  He further added that he sent certified letters to notice all the SGBP lot owners of the meeting tonight and the question at large.  Mr. LeClair of LeClair Electric and Tammy Labonte of the Farmington Day Care Center were present.  Joan Funk motioned to amend the SGBP by-laws to allow an auto body shop, 2nd Marty Gilman.  Discussion followed in which Ms. Labonte stated she has no problem with the shop as long as it meets all the safety requirements.  Mr. LeClair also said that he has no problem with this amendment but he is concerned of how easy it is to change the by-laws and is concerned about the deteoriation of the rules all together.  Marty asked if Dan has seen any of the specs. for the building that would be constructed as a result of this amendment being passed and Dan replied no.  Gerry stated he was abstaining from the vote because the town only has four votes.  Motion carried with the entire Board of Selectmen voting yes and Mr. LeClair also voting in the affirmative.

B.  Discussion of SGBP Roadway Layout - Dan informed the Board that he got the preliminary plan from Berry Surveying for the road to access the back lot within the SGBP.  He further explained that town counsel told him that because the municipality owns the land it would not have to go through the planning board for approval and that it would just need the Selectmen's approval and the planning board chairman's signature.  Joan Funk motioned to authorize Dan Merhalski to take the SGBP roadway layout plan to the planning board for comment and to then record it at the Registry of Deeds, 2nd Marty Gilman.   Motion carried with all in favor.

9.  Other:
A.  Paula reminded the Board that they received a packet of police ordinances to review and that they probably need to do that soon.  Marty asked if there were an RSA that is the same as a town ordinance, which one would be followed first.  Tony said the town ordinance would supersede the RSA.  Gerry asked if the town had the authority to assess the fine amounts and Tony said yes.

B.  Paula reminded the Board that they Farmington Country Club easement has still not been signed off on yet because it was contingent upon the sewer easement being provided.  Marty said that Dan should have a copy of the easement on file and Tony said he would look into it.

C.  Paula asked how the PSNH streetlight issue is fairing.  Gerry replied that he talked with Kathleen Lewis of PSNH and she said they are going to take care of the light fixtures, change the bulb by the Laundromat and fix the pole on Central Street as soon as possible.

D.  Paula asked what the status of the conservation land gift and Gerry said that he believes it has been surveyed.  Tony said he would check with Kristie of the Conservation Commission.  Gerry reminded the Board that money needs to be put in the budget to put in a parking lot on the site because it was part of the deal and that Jim Horgan is currently looking into a sign for recognizes the gift of the land.

E.  Paula questioned the Board as to whether or not they decided not to allow personal charges on the credit card.  Tony responded that if Paula is referring to the Black Dog Carwash charge that police chief came down to the office the same day with a personnel check for reimbursement noting that he inadvertently pulled out the wrong credit card.  Paula said that she also noticed there are finance and late charges on the credit card statement that shouldn't be there and when she questioned Pam Merrill about it she was told that she is getting the bills late.  Tony said that he should have the billing addresses for the cards changed so that all the bills come directly to Pam.  The Board agreed and Paula added that the credit card users would still be responsible to get the receipts to Pam as soon as possible as well.  Gail added that she would like to know exactly what the $183.17 charge to BJ's was for because the articles on it seem very strange.

F.  Paula said that she happened to look at a supply invoice and saw an order for Van-Houte for $102.  In her experience she believes this is very expensive coffee and asked Tony to look into the details of this order.

G.  Paula asked if any information came in from legal regarding the layout at Campbell Commons.  Tony said that he forwarded their response to the Board and Paula said she did not receive it.  Tony replied that he would make sure she got another.

H.  Tony informed the Board that he received communication from Gregg's office and a $65 million tax cut was approved to go towards Collins and Aikman.  So if a business comes into the Collins & Aikman site and puts a million dollars in they will get a million dollar credit.

Marty Gilman motioned to adjourn, 2nd Gail Ellis.  Motion carried with all in favor.

Meeting adjourned at 10:17 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