TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, March 2, 2009
356 Main Street, Farmington, NH
Selectman Present: Chairman Gerry McCarthy, Martin Gilman, Paula Proulx, Joan Funk and Gail Ellis.
Town Staff Present: Town Administrator Anthony Mincu, Water/ Wastewater Superintendent Dale Sprague, Planner Dan Merhalski,
Public Present: Ed Leonard of Wright-Pierce, Cindy Paulin, Barry Elliot, Brian St. Onge, Charlie Doke, Ann Titus, Marc Guilmette, John Theriault, Chris Somma, Charlie King and Cindy Snowdon.
Chairman Gerry McCarthy opened the meeting at 5:05pm.
1. Board discussion with Wright-Pierce:
a. Tony informed the Board that he was talking with a representative from NH DES today and he said that there is going to be a loan program available for the construction part of the proposed wastewater plant and that he believes the town will rank high on the list to receive the 50% loan forgiveness. Gerry asked Ed Leonard if this 50% is something the town can count on and Mr. Leonard replied yes, it is part of the Economic Stimulus Bill and will be guaranteed.
Marty asked what the impact in cost would be to the town if all the possible grants and programs work on in the town’s favor. Dale replied that he cannot assign a number to the project and the grants until a commitment from the town comes forth. Dale then stated that this is the best possible time for this project in order to get the most outside funding. He added that the USDA Rural Development grants are also up to 45% due to the Economic Stimulus Bill.
The Board discussed different options regarding the warrant but felt it was better to leave it as written and hope the residents make an educated decision. Paula asked when the deadline for plant project approval is and Mr. Leonard explained that it usually takes one year to get a plant design but he can push it through in nine months if the town gets approval to start on 3/12/09. He then added that in order for the town to get grant commitments it does not need a design, but in order to be “shovel” ready in January of 2010 per the Stimulus plan the town will need plans.
2. Public Hearing for the Bond for the Proposed Wastewater Plant:
Chairman McCarthy reopened the public hearing for the bond for the proposed wastewater plant at 6:03pm.
a. Mr. Leonard reviewed the project scope with a power point presentation that is available at the municipal offices or through Dale Sprague. He then explained that there is a new source of grants available with the President’s Economic Stimulus Bill but projects need to be ready to be built by January of 2010. Also, the town cannot get firm grant commitments without an affirmative town meeting vote on the project. He stated that with the stimulus bill the grant money available is the most funding that has been available since 1975.
b. Mr. Leonard reviewed the questions from the last meeting with the power point as well. These slides and graphs are also available to the public. He noted that there would be a $3.8 million reduction in the interest paid if the town was to take out a 20 year note on the plant as currently proposed. Also, with focusing on the infiltration and inflow problems the town could possibly eliminate the second basin.
c. A resident questioned when the deadline is for grants and Mr. Leonard replied that in order to utilize the Stimulus package the town would need an affirmative vote by 3/12/09 because it would take nine months to have the design ready and the state requires commencement of construction by February 2010.
d. Mr. Leonard reviewed that approval of this project would have several effects; 1. the NHDES Sewer Moratorium would be released with construction, 2. upgrade of the critical aging and overloaded infrastructure, 3. out of the river and EPA oversight, 4. improvement of water quality of the Cocheco River, 5. capitalize on available grant funds, 6. maintain a local outlet for town septage and 7. compliance with the administrative order.
e. Chris Somma asked if the plant will require updates in 5-10 years. Mr. Leonard replied that the plant is designed to meet all requirements for the foreseeable future.
f. Mr. Leonard reviewed that the implications of a no vote would be exposure to enforcement action by the EPA with fines of up to $32,500 a day and/or referral to the Department of Justice. Plus the town would not be able to solicit grant commitments, the moratorium would stay in effect and the town would miss out on the Federal Stimulus money. A resident pointed out that if the town was assessed the $32,500 a day fine it would cost more than the plant in one year, plus the cost would be on the whole town through taxation.
g. Barry Elliot commented that he is concerned this article will be modified on the floor to be 100% on the users and he feels it is immoral if not illegal to impose 100% of the cost on the users. Gerry said Tony will check with legal. Mr. Elliot then asked what the impact would be to the users. Mr.Leonard replied it would be change the cost per 1000gallons from $6.02 to $11.00 (if split 50/50) and $13.85 (if 100% the users).
h. Mr. Theriault asked where the 50/50 figure came from and Gerry explained that the Selectmen had many debates over the figure and found this to be the most affordable for everyone. Joan commented that with the increase of capacity with the new plant there is possibility for Rte. 11 development and a tax base increase that would benefit everyone. Charlie King noted that with the 50/50 split the users would have a $400 increase per year and the non-users $81 a year. Mr. Leonard said that is correct because the split is on the debt service.
i. Barry Elliot asked if the plant is approved when would the modifications to the rates and taxes occur. Mr. .Leonard replied that the town would get interim financing until the construction is complete so it would depend on how the Board of Selectmen decided to make the increases.
Chairman McCarthy closed the public hearing at 7:35pm
3. Public Hearing to change the building fee allocations to support the building inspector position:
Chairman McCarthy opened the public hearing at 7:35pm.
a. Gerry explained that when the building inspector position was set up it was funded with 50% of the permit fees. With building permits down the fund is down and therefore there is not enough money to cover the inspector’s salary. The article is to change the permit fee allocations that go into the special fund to 100% to cover the salary of the building inspector.
b. Barry Elliot asked what will happen if there is still not enough money in the fund. Gail replied that the Selectmen put $15,000 in the operating budget in case there is a short fall to assist with the salary. Cindy Snowdon asked if there was extra money put in the budget to pay the inspector for his duties as the health officer. Gerry said no, he was not given an extra stipend.
c. Paula asked Tony if he checked with Jeannie Sams of DRA see if the Board needed to hold this public hearing and Tony replied that he did and her response was that she would recommend it. Paula asked if the Board needs to have the exact amount of money in the warrant and Tony said no, because the item is in the budget. Paula asked if that is per DRA and Tony said no.
Chairman McCarthy closed the public hearing at 7:43pm.
4. Other:
a. Town Clock: Gerry stated that the 1941 Town Precinct report stated that the town voted to take over ownership and maintenance of the clock and paid $1300 to the Congregational Church to do so.
b. Sprinkler System for the Old Town Hall: Marty Gilman motioned to approve $53,000 for all three phases of the sprinkler system for the Old Town Hall/Opera House, 2nd Paula Proulx. Discussion followed in which Paula asked if Bergeron gave a reason for recommending the second to lowest bidder. Tony said the decision was performance based. Paula read an excerpt out of the LGC book that cites case law, in which it said the town must accept the lowest bid if it meets all the requirements of the project. She then added that she is concerned the Board has to take the lowest bidder or refuse all the bids. Motion carried: Gerry McCarthy (yes), Marty Gilman (yes), Joan Funk (yes), Gail Ellis (no) and Paula Proulx abstaining
because she is unsure the Board can make this decision.
c. Paula asked if the Town meeting is going to be televised and Tony said they are calling Metrocast to confirm on Tuesday.
d. The Board discussed that they will complete Tony’s evaluation on 3/9/09 and Tony will complete the other department heads’ evaluations.
e. Joan Funk motioned to release $4,276.74 from the public building maintenance fund for the final bill of the boiler repair, 2nd Marty Gilman. Motion carried with all in favor.
f. Paula asked Tony if he had any new information on the golf course easement and Tony said he was working on it and would have more information on 3/9/09.
g. Paula asked if the police cruiser has been repaired yet and Tony said no, but the Chief assured him it would be repaired.
h. Paula stated that the road acceptance policy the Board recently saw did not have the dated 12/29/08 amendment listed on it and Tony said he will update it with the date.
i. Paula asked Tony to check and see what the town’s total debt limit is.
j. Paula asked if the Board is going to settle the culvert issue before the Board changes after town meeting. Gerry stated that he asked Tony why he asked Joel for the prices and he said that Joan said she knew someone who was willing to pay for it and that she would like the prices to forward to him. Joan replied that she did not say this and that she just offered to bring the costs to the residents. Gerry stated that he is trying to get a hold of Kerry Lapierre to see who told him to pick up the culvert.
Cindy Snowdon asked who are the only people who could have authorized the release of the culvert. Gerry replied the Board and the town administrator. Marty added that the Board is trying to find out who told Lapierre to pick up the culvert. Joan stated that a resident of Tall Pine did not ask for the price of the culvert; what happened is that she asked Tony to write down the prices of the culvert and then she dropped off that information to the bearded gentleman who was at one of the meetings and told him that the rest was up to him. Gerry added that he also asked Joel Moulton about the culvert and Joel told him that Tony told him to set the culvert aside. Gerry said that Joel stated that he asked Tony who he was suppose to bill and Tony said that he was unsure but he would get back to him.
k. Cindy Snowdon asked if the Board has received the final figure for the Dancing with Stars fundraiser and Rick Conway replied that he has it and will forward the figure to the Board.
Marty Gilman motioned to adjourn, 2nd Paula Proulx. Motion carried with all in favor.
Meeting adjourned at 8:21pm.
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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