TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, January 26, 2009
356 Main Street, Farmington, NH
Selectman Present: Chairman Gerry McCarthy, Martin Gilman, Paula Proulx, Gail Ellis and Joan Funk (arrived at 7:35pm)
Town Staff Present: Town Administrator Anthony Mincu, Police Chief Scott Roberge, Lt. Kevin Willey and Fire Chief Rich Fowler.
Public Present: Norman Beaulieau, Bill Spear and Ed Leonard of Wright-Pierce
Chairman Gerry McCarthy opened the meeting at 6:00pm.
1. Review Of Minutes:
a. Marty Gilman motioned to accept the minutes of 12-8-08 as presented, 2nd Paula Proulx. Motion carried with Gail Ellis abstaining.
b. Marty Gilman motioned to accept the minutes of 12-22-08 as presented, 2nd Paula Proulx. Motion carried with all in favor.
c. Marty Gilman motioned to accept the minutes of 12-29-08 as amended for a grammatical change, 2nd Gail Ellis. Motion carried with all in favor.
2. Public Comment:
a. Road Petition: Labrador and Cottontail – Gerry stated that the Board received a letter from the road agent attesting that the road was built to specification but that it still needed a topcoat and the ditches and swales needed to be addressed. It was also noted that all the required signatures for the petition were received. Paula asked who owns the development and Mr. Beaulieau said the developer still owns it. Paula then stated that a letter from the developer stating he would be willing to let the town take over the road if the petition was to pass at town meeting would be needed. Another resident stated that he believes the developer turned the rights over to the homeowner’s association already. Paula stated that proof of ownership would be needed it that case.
Marty stated that a road generally needs to be complete before it would be accepted by the town. Gerry added that the petition in this case states the acceptance would be conditional upon the final topcoat, swale and ditch work being completed. He also stated that the Board would like a recommendation on the road acceptance from the planning board. Marty and Gail both asked how much the bond is for and the prices of the work left to be done before they are willing to make any recommendations.
Paula commented that she would like a check sheet for each road petition with Dan Merhalski’s, town planner, signature of approval that everything is complete. Gail added that a sign-off signature from the road agent would be nice as well.
b. Paula read a letter from Rob Knight of Sheepboro Road that commended Joel Moulton and the rest of the DPW for the “marked improvements” of the roads over the past several years.
c. Bill Spear, resident, informed the Board that he and his neighbors have been talking and they would like to see the “swamp” downtown returned to a nice pond/skating rink. It needs to be cleaned of brush, overgrowth and trash and the drains need to be cleaned, as well as, the ducks removed. The Board was in agreement that this was once a nice family spot in Farmington and would love to see it back to original condition. Gerry suggested Mr. Spear contact the Conservation Commission for their suggestions and aid.
3. Discussion with Wright-Pierce:
a. Dale informed the Board that he received an email from the EPA this morning in regards to the river discharge at peak flows. The email stated that if the town wants to discharge even a gallon into the river, the river studies will need to be completed. Paula asked if Farm 1E has really been counted out and Dale replied that it would be cheaper and more cost effective to further investigate and use Farm 1E than to complete the river studies with the ultimate goal of getting out of the river. Marty asked what the cost of the investigations would cost for Farm 1E and Mr. Leonard replied about $80,000 for Farms 1E and 1D.
Mr. Leonard asked what the Board’s feeling is towards using the river for peak flows or not (if not, Phase 3 would need to be included in the warrant article.) The Board was in consensus they would not like to utilize the river. Paula asked what the next step is. Mr. Leonard replied that the facilities plan needs to be wrapped-up, a groundwater discharge supplemental permit needs to be applied for, and a phosphorous optimization study (about $15,000) needs to be completed. Gail stated that she does not want to spend money for Phase 3, when Phases 1 and 2 may prove that 3 is not needed. Mr. Leonard explained that if it is not needed than Phase 3 will not be completed but a plan needs to be in place in order for DES and the EPA to approve the project. Gerry asked if the size of
what is already designed be increased for the overflow and Mr. Leonard replied no, that all the space is used and 1-2 extra basins would be needed. Gerry asked what the top flow is and Dale replied a million gallons for a couple of days. Paula asked how much the I & I work is expected to extract from the flow because she wants to make sure the plant isn’t going to be too big. Mr. Leonard said the I & I work should be 25% effective.
b. Mr. Leonard explained that the Board would need to request permission to bond the entire project up to a certain dollar amount, but in actuality will not have to bond the entire amount. When the project commences the town would get interim financing and only seek the actual bond upon completion. Paula asked if the project is approved in March when will the taxpayers see the effect/cost. Mr. Leonard replied that the payback of the debt service will commence when closed in 2011-2013.
c. Dale stated that the Board needs to agree on the proposed schedule and dates and asked if the Board wants the EPA to attend the town meeting. Gail replied that the EPA should probably be at the first public hearing. The bond hearing is scheduled for 2/16/09 at the Opera House.
d. The Board reviewed the letter of information that will be sent to all residents. It was noted that note 1 should be removed, on page 3 the peak flows to the river needs to be stricken and “.94 million” needs to be changed to $94,000, also on page 4 it should be explained that the depreciation is figured at 50% and is then split 50/50 amongst the users and taxpayers.
e. Joan asked what will happen if the warrant does not pass in March. Mr. Leonard replied that the town will have to hold another town meeting within 30-60 days and from there fines will most likely be assessed.
f. The Board was in consensus to split the cost of the facility 50/50 except for Paula, who noted it is not a true 50/50 split and she doesn’t think the users can afford it. She noted that this could be the difference for survival for a lot of the downtown businesses and such. Paula asked for an example of cost to be included in the informational letter.
g. Joan asked why a note of Selectmen support is not included on the top of the document and Dale said he could but he would highly recommend unanimous Board support. The Board was not in unanimous support so it was agreed to leave the recommendation out.
h. Marty asked if the price to haul bio-solid and such is included in the Wright-Pierce estimate because the landfill will be closing soon. Mr. Leonard replied that the cost is included but an RFP will have to be put out.
i. The Board reviewed the warrant and were in agreement that it looked good but they would like to change “general fund” to “general taxation.”
The Board took a short recess from 8:24pm until 8:33pm.
4. Review of Encumbrances:
a. Gerry asked for an update on the safe routes grant and Tony explained all the preliminary work is done and that they are waiting for DOT approval before work can commence.
b. Paula commented that the repaint trucks encumbrance is suppose to be for $2550.
c. Paula stated that she believes the highway tires line has a remaining balance of $3,970.14 and Tony said he would change the amount.
d. Paula stated that the landfill diesel encumbrance should be $10,421.63.
e. Paula commented that the encumbrance on the tree removal line is missing and Tony said that he does not have a contract for the service so it cannot be encumbered. Paula asked if Joel Moulton is aware of this and if so, if he is comfortable with the line the way it is. Marty added that there is a tree cutting bill waiting to be paid and Tony said he believes that bill will use up the money left in the line. Tony will check on the final amount of the line and check with Joel on the proposed budget line.
f. Tony explained that the rec department equipment and rec parks lines cannot be encumbered because he does not have any contracts. Paula asked Tony to make sure the encumbrance for the Explore Brochure printing is encumbered at $13,500.
g. Marty Gilman motioned to accept the encumbrance journal as amended, 2nd Gail Ellis. Motion carried with all in favor.
5. Review of Warrants:
a. Joan commented that she is still concerned with the idea of purchasing a Chevy cruiser when Chief has said the Ford is more reliable. Plus she got a price of $22,860 for a Ford police package with a factory warranty and that the light bars and equipment are not interchangeable and there is not a Chevy cage in the basement. She also asked if the fire chief vehicle is given to the animal control officer, does money need to be placed in the budget to repaint it. Gail commented that the cost for the Ford from the Chief was originally higher which is why she voted for the Chevy. Tony explained the Chief’s cost had the extended warranty figured into it.
Joan Funk motioned to purchase the Ford cruiser at $22,860 plus $2,400 for set-up, 2nd Gail Ellis. Discussion followed in which Gail asked what the major issues were with the Chevy’s in the past and Joan replied that the transmissions were the major problem. Motion failed: Joan Funk (yes), Marty Gilman (no), Gerry McCarthy (no), Paula Proulx (no) and Gail Ellis (abstain).
Marty Gilman motioned to purchase a Chevy Impala cruiser plus $2,400 for set-up, 2nd Paula Proulx. Discussion followed in which Joan questioned why the Board would want to pay $1000 more for a Chevy. Motion carried: Joan Funk (no), Marty Gilman (yes), Gerry McCarthy (yes), Paula Proulx (yes) and Gail Ellis (abstain).
b. Gail commented that she has not seen a monthly report from the Code Enforcement office in awhile and that a resident asked her if a full-time Code Enforcement Officer is necessary with the economy down. Gerry and Joan both stated that he has been given additional duties to justify his position and is very busy with code enforcement issues. Tony will remind all department heads about the monthly reports. Marty Gilman motioned to accept the warrant for the Code Enforcement Officer/Building Inspector’s funding, 2nd Joan Funk. Motion carried with Gail Ellis abstaining.
c. Joan Funk motioned to accept the warrant for the defibrillator, 2nd Marty Gilman. Discussion followed in which Paula said she remembered the Board discussing creating a reserve fund for the purchase and putting $9000 in this year and another $9000 next year and then purchasing it. Rich Fowler, Fire Chief, sent a memo that the requirement for the defibrillator will not go into effect until the spring of 2010 but he would like to get one this year so he can get protocol. Motion carried with all in favor.
d. Joan Funk motioned to put $10,000 in the Emergency Medical Motorized Equipment fund, 2nd Paula Proulx. Discussion followed in which it was mentioned that it might be more responsible to put $15,000 in the fund this year. Joan Funk amended her motion to put $15,000 in the fund and Paula Proulx accepted the amendment. Motion carried with Gail Ellis opposed.
e. Joan Funk motioned to accept the warrant for the Future Technology Improvement Capital Reserve with $11,000, 2nd Marty Gilman. Motion carried with all in favor.
f. Tony brought forth a warrant for a generator for the Town Hall and noted that Dan Merhalski, planner, is searching for grants as well for this purchase. Joan Funk motioned to accept the generator warrant at $12,000, 2nd Marty Gilman. Motion carried with all in favor.
g. Joan Funk motioned to accept the warrant for the Parks and Rec van purchase at $17,000, 2nd Marty Gilman. Discussion followed in which Paula asked if money is being put in the fund because there is not enough in the fund to purchase the van. Motion carried with Gail Ellis abstaining.
h. Joan Funk motioned to accept the article for the Public Buildings Maintenance capital reserve at $8,500, 2nd Marty Gilman. Motion carried with all in favor.
i. Gail stated that the Capital Improvement Plan Committee recommended not funding the public safety building fund this year because there is no concrete plan. Gerry commented that the town is headed in the direction of needing this building so should continue to put money aside to be responsible. Joan Funk motioned to fund the Public Safety Building reserve fund at $10,000, 2nd Gerry McCarthy. Motion carried: Joan Funk (yes), Marty Gilman (no), Gerry McCarthy (yes), Paula Proulx (yes) and Gail Ellis (no).
j. In reviewing the Recreation Department capital reserve fund warrant Gail noted that the name needs to be changed to the rec. equipment fund and the Board agreed. Joan Funk motioned to accept the warrant as amended to put $3,500 in the rec. equipment fund, 2nd Gerry McCarthy. Motion carried with all in favor.
k. Gail stated that the CIP committee recommended $50,000 be put in the bridges/railings reserve fund. Paula said that the Board probably should have taken the state reimbursement from the last bridge and put it into this account so the funds would not have to be raised through taxation.
l. Gail commented that the CIP committee did not recommend purchasing a new fire chief vehicle because they felt a retired police cruiser could be utilized. The Board discussed their previous discussion on the matters on how the Chief really needs a 4WD vehicle because he is a first responder and many times needs to the 4WD. Marty Gilman motioned to create a warrant to purchase a fire chief vehicle with the price to not exceed $24,000, 2nd Paula Proulx. Motion carried; Marty Gilman (yes), Gerry McCarty (yes), Paula Proulx (yes), Joan Funk (no) and Gail Ellis (no).
m. Marty Gilman motioned to create a warrant to put $7,500 in the fire vehicle and equipment fund, 2nd Gail Ellis. Motion carried with Joan Funk opposed.
n. Marty Gilman motioned to create a warrant to place $8,500 in the town employee financial obligation fund, 2nd Gerry McCarthy. Motion carried with all in favor.
o. Gail commented that the CIP committee recommended that the Board create a water infrastructure construction/replacement capital reserve fund and place $35,000 in it. Gerry commented that those types of expenditures have been historically funded through the enterprise fund. Gail replied that Dale’s (water superintendent) CIP call for one project alone that will cost over $2 million. Marty Gilman motioned to create a water infrastructure construction/replacement capital reserve fund and place $25,000 in it, 2nd Gerry McCarthy. Discussion followed in which Gerry asked where the CIP recommended the money come from for the many roads that need to be taken care of and paved. Gail replied that the CIP believes
those expenditures should be part of the operating budget. Motion carried with Joan Funk opposed.
6. Other:
a. Joan stated that she would like the Board to revisit changing the arrangement in which 100% of the current use penalties going to the conservation fund to 50% due to the economic strains we are currently experiencing. Joan Funk motioned to have 50% of current use penalty funds go to the conservation commission, 2nd Gail Ellis. Discussion followed in which Gerry stated that he thinks the amount should stay at 100% because the commission makes a lot of good investments. Joan replied that she thinks the town has been very active in conservation and believes the 50% will help the taxpayer. Motion carried with Gerry McCarthy and Paula Proulx opposed.
b. Joan asked if the Board wants to consider a warrant to change the way town property is bought and sold. Gerry commented that he doesn’t believe the Board should be able to sell town property without town approval. Joan commented that there is not always time to wait for a town meeting in order to purchase something. Paula stated she believes the policy is a form of checks and balances. Marty Gilman motioned to amend the purchasing and selling policy to give the Board of Selectmen the authority to purchase property, 2nd Joan Funk. Motion carried with Paula Proulx opposed.
c. Joan informed the Board that she was approached by a resident to ask the Board if they would consider putting a warrant on to change the Selectmen Board to three instead of five because a petition of this sort would require 92 signatures. Joan Funk motioned to create a warrant to change the Board of Selectmen to a three man board, 2nd Gail Ellis. Discussion followed in which Marty stated he thinks better decision making is done with a five man board. Gail stated she is concerned with this type of warrant coming from the Selectmen. Motion failed with Joan Funk in favor.
d. Paula addressed a letter by Manny Krasner on a proposed warrant article he would like the Board to create to change the procedures for the town meeting to make them more effective. Joan commented that she was awaiting an opinion from Kathy Seaver on whether or not this is appropriate because the town meeting has to follow RSA. Tony said he would look into the suggestion with Kathy.
e. Paula asked if the Board is still putting $9,000 in the fire equipment line for the defibrillator and Tony said he will change the line to $17,000.
f. Paula addressed a memo from Joel Moulton on the cutting edges funding in which he expressed that $15,000 will not be enough to purchase all the cutting edges needed and would like the Board to change it to $25,000. Joel also said the steel edge protects the carbide on the dirt roads and the plow runs have both pave and dirt roads. The Board was in agreement to not change the line.
g. Marty informed the Board that there was a walk through for the bidding for the sprinkler system of the Old Town Hall and all bids are due 2/11/09. Also the boiler and pipes are all in and working wonderfully.
h. Gail informed the Board that the budget committee’s recommended school budget with a bus purchase will result in a $1.88 increase to the taxes and with a bus lease a $1.80 increase. The default budget with the bus purchase is a $1.62 increase and with the bus lease it is $1.54. Gail further stated that she did ask about the 9% increase in the SAU wages and was told they all got 3% with the other 6% that is shown being due to longevity. Plus, the Middleton tuition rate was overcharged so the town’s revenue source will be lower this year.
Joan Funk motioned to go in non-public under RSA 91A.3.II(a), 2nd Gail Ellis. Roll Call – Gerry McCarthy (yes), Marty Gilman (yes), Paula Proulx (yes), Gail Ellis (yes) and Joan Funk (yes).
Gerry McCarthy motioned to adjourn, 2nd Marty Gilman. Motion carried with all in favor. Meeting adjourned at 10:59pm.
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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