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Selectmen's Minutes 7-13-09
TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, July 13, 2009
356 Main Street, Farmington, NH

Selectman Present:      Chairman Paula Proulx, Joan     Funk, Gerry McCarthy, Gail Ellis                                and Charlie King.

Town Staff Present:     Town Administrator Anthony Mincu, Public Works Director Joel                            Moulton and Water/Wastewater Superintendent Dale Sprague.

Public Present: Bill Spears

The Board met at 5:30 to review and sign the bills and manifest.  Chairman Paula Proulx opened the meeting at 6:00pm.

1.  Chairman Proulx opened the Public Hearing for the Acceptance of Unanticipated Revenues.  Joel explained that the unanticipated revenues are from the State 12% reimbursement for the April 2007 floods at $71,934.22.  The money is generally used to reimburse the materials, vehicles usage and overtime expended during the emergency and to mitigate items like drainage to protect the Town from future emergencies.  Seeing there was no public comment, Chairman Proulx closed the Public Hearing.

Joan Funk motioned to accept the State 2007 Flood Reimbursement at $71,934.22, 2nd Charlie King.  Motion carried.

2. Public Comment:
a. Bill Spears, resident, provided the Board with a proposal to do preventative maintenance on the Municipal Building previously and explained that there was an error in his calculations and the labor amount should be $200.  He then provided the Board with an additional maintenance proposal for the Old Courthouse.  Tony informed the Board that a contractor had already been obtained for the painting of the Old Courthouse and that the Town staff will begin the outside maintenance of the Municipal Building in the next few weeks.  

3.  Review of Minutes:
a. Joan Funk motioned to accept the public minutes of 6-08-09 as amended, 2nd Gerry McCarthy.  Motion carried.

b. Joan Funk motioned to accept the non-public minutes of 6-08-09 as amended, 2nd Gail Ellis.  Motion carried.

c. Joan Funk motioned to accept the public minutes of 6-22-09 as amended, 2nd Charlie King.  Motion carried with Gerry McCarthy abstaining because he was absent.
d. Joan Funk motioned to accept the non-public minutes of 6-22-09 as written, 2nd Charlie King.  Motion withdrawn.

Joan Funk to table the non-public minutes of 6-22-09, 2nd Charlie King.  Motion carried with Gerry McCarthy abstaining because he was absent.

4.  Application to the Planning Board:
a. Joan Funk motioned to accept Jim Horgan’s application to the Planning Board and appoint him to the next open seat on the Planning Board, 2nd Gerry McCarthy.  Motion carried with Gail Ellis abstaining because she has a conflict.

5. Water/Wastewater Department:
a. Wright-Pierce Contract – Dale explained that this contract is for $188,820 and is for the administration, oversight and final plans of the Phase 1 Construction.  Paula asked if any local contractors were part of the bid and Dale said there were some local contractors but they have been having difficulty with the bonding requirements.  Dale stated that all potential contractors can contact Wright-Pierce for the bid specs. and the bidding closed on July 22, 2009.
Charlie asked if the Town can draw down the $50,622.93 for the other Wright-Pierce contract from the $2.1 million fund and Dale said he is not sure if those costs are considered directly related to the Phase 1 project but he will ask.  Dale then added if those funds can not be applied than the Town can reapply for state funding in a couple of years when the state aid grant is re-opened.  
Charlie asked if both Wright-Pierce contracts had to be signed tonight and Dale said the Phase 1 Construction contract needs to be approved to keep the project moving ahead in a timely manner to meet deadlines.  The Board was still hesitant to sign the other contract because the funding has not been received yet.  Tony said he is unclear if the Phase 2 contract has to be accepted by the Town before the government will approve the funding but he will look into it and get back to the Board.
Joan Funk motioned to sign the Wright-Pierce contract for $188,820, 2nd Gerry McCarthy.  Discussion followed in which Gerry asked if all the funding for this contract is coming from the ARRA funding and Dale said yes.  Charlie stated that this contract is for the oversight engineering for the Rapid Infiltration Basins (RIB) as approved at Town Meeting.  Motion carried with all in favor.

Gerry McCarthy motioned to authorize the Town Administrator to sign the Wright-Pierce contract for the RIB oversight, 2nd Charlie King.  Motion carried.

b. Rate Structure/Budget Deficit – Dale reported that the July billings are 99% complete and the usage for both departments is up.  The water billed this quarter was at 24,218,000 gallons and the wastewater was billed at 13,797,000 gallons.  Dale stated that this is good news because it will help bring the deficit projection down for both departments.
        1. Water - Dale explained that he would suggest increase the water rate to $4.06 per gallon which is a 13% increase.  (He originally was suggesting the increase to be at $4.56 but with the recent billing he brought it down.)  Charlie asked for an explanation of what the misc. income was on Dale’s reporting sheet and Dale explained the figure includes all but the “water rents” for the department.  Charlie then stated that he is concerned on how the calculations were derived at because it seems the misc. income will not increase.  Dale replied that he uses a 3 year average to make his calculations.  Charlie then asked what the main line renewal line is for and Dale explained that it is a budget line he carried every year to work on the main water lines so that the whole system does not need to be replaced at once and this year’s line was to establish a loop at the end of Union Street to eliminate the dead end.
Joan stated that she agrees the rates need to increase, noting that there hasn’t been any significant increase over the past years that would have helped the Town prepare for this downturn in the economy.  She then asked who would be billed for private hydrants.  Dale explained it would be the owners of private developments like Peaceful Pines and Campbell Commons.  Charlie noted that the estimate revenue from private hydrants (if the Town was to put them in place) would be about $6900 and would still cost the Town administrative costs.  Paula asked what the Town’s responsibility would be for private hydrants and Dale explained they do an annual flush to check and make sure the hydrant is functioning properly.  Also if repairs were needed the department could take care of them and then bill the owner.  Joan commented that the Town might want to consider going back to renting hydrants.
The Board agreed that they would like to review Dale’s calculations and recommendations and then discuss them at the July 27 meeting.  They would also like a copy of Dale’s line item budget and what he has expended Year-to-Date.  Paula also stated that she would like to know if there are any grants available for large water projects.  Dale then explained that he has been looking at something new in that there are 25-30 homes that are hooked up to water/sewer but do not have any consumption and therefore are not billed.  In many other Towns homes like these are billed a fixed cost to offset the manpower to go out and check the meter and such.  The Board was in agreement that if there was no usage then they shouldn’t be billed.  Gerry added if the water is shut off at the gate then there would be no usage anyway.  Dale will make a list of the properties and forwarded it to the Board.
        2. Wastewater – Dale explained that he would suggest a 9% increase to cover the deficit which would average at about ten cents per day.  Charlie stated that he feels the misc. income figure should be reduced by $3-4,000 when doing the calculations.  Dale stated that the Board needs to decide if the wastewater rates are going to up incrementally until 2012 or all at once when the Wastewater Treatment Facility Upgrade is complete.  The Board agreed to review the recommendations by Dale and asked for the budget sheet and expenditures.  They will discuss the possible rate increase at the July 27 meeting.

c. Update on Water Discoloration at Well 4 and 5 – Dale explained that since Friday he has been using the water from Well 6 solely and the water is clear.  He further stated that the lab testing for well 4 and 5 are not conclusive but they would lead one to believe that a higher concentration of iron and manganese is the reason behind the discoloration, which is probably due to the excessive rain.  The discoloration is not harmful but difficult to treat and he will continue to work on it.

d. Gerry asked if there is a leak on Main hill by Edgerly Park and Joel Moulton said no, it is not public water that is running and it is just a spring.

Charlie King motioned for a recess, 2nd Gail Ellis.  Motion carried at 8:00pm.

The Board reconvened at 8:06pm.

6. Public Works Department:
a. Joan asked Joel for a more specific timeline for his projects.

b. Levee Survey – Joel explained that he recently met with the Army Corp of Engineers during a levee inspection.  A topic of discussion during the inspection was the continuous removal of trees within the Town’s right-of-way for maintenance.  Joel put together a RFP for surveying to define the right-of-way because he would feel more comfortable when doing this maintenance if he was sure he was in the right-of-way.  The proposals he received were;
        1. Berry Surveying and Engineering at $4100 (with a 10% discount to $3740)
        2. Norway Plains Surveying at $6000
        3. T.F. Bernier at $11,950
Joel explained the he would like to pay for the survey through his river maintenance budget line.  Joel also explained that the Army Corps requires continuous maintenance in the 15 feet from the base of the levee and that if the Town does not comply it would not be eligible for FEMA funds in the event of an emergency.  Charlie stated that he does not agree with getting a survey and feels each lot should be dealt with on a case by case basis especially since the Town has a plan date 1956.  Gerry asked if any stimulus funds are available for this work and Joel stated that he did apply for a grant for the work.  Joan Funk motioned to go with the low bid from Berry Surveying and Engineering at $3740 with the funds to come from the river maintenance line, 2nd Paula Proulx.  Discussion followed in which Charlie stated if the Town is going to receive a plan then it should be recorded at the Registry of Deeds (there is a minimal cost associated with this); Joan and Paula both accepted this as a friendly amendment. Gerry asked if the boundary stakes are part of the proposal and Joel said yes, the Town will supply the stakes (but the cost to mark them is listed separately in the proposal.)  Gerry stated the pins location should be recorded with GPS.  Motion withdrawn.

Joan Funk motioned to go with the low bid from Berry Surveying and Engineering at a cost not to exceed $4100 with the plans to be recorded at the Registry of Deeds, 2nd Paula Proulx.  Motion carried – Joan Funk (yes), Paula Proulx (yes), Gerry McCarthy (no), Charlie King (yes) and Gail Ellis (abstain for conflict).

c. Sign the Drainage Contract – Tony stated that it is a standard contract from JACOBS.  Gail motioned to authorize Tony to sign the JACOBS contract for the drainage investigation, 2nd Charlie King.  Motion carried.

d. Guardrail Quotes – Joel explained that he is looking to spend his guardrail encumbrance and budget line to purchase the materials.  Paula asked where he will be installing all of them.  Joel replied it is in his work plan but there are specific areas on Hancock Street by the river embankment and on Meetinghouse Hill Road as well.  Charlie asked how much Joel will be able to install this year based on his work load.  Joel replied that 100% of the materials are for 2009 and that he plans to use all the materials as long as there is not an unforeseen event in which his work schedule is compromised.  Gerry asked if it would be more cost effective to buy the posts in longer lengths and then cut them in house and Joel replied that he priced the materials local and they did not supply the longer lengths.  
The proposals are as follows;

                                                CWS                     Maine Line
6” x 8” x 6” wood posts                 $29/ea                  $44/ea
6” x 8”x 14” wood blocks                        $6/ea                   $7/ea
Galvanized beam                         $60/ea                  $74/ea
Wrap ends (buffers)                             $65/ea                  $33/ea
5’-10’ radius beams                             $95/ea                  $108/ea
15’-35’ radius beams                            $76/ea                  $100/ea
5/8” x 18” b/n/w                                $3.50/ea                        
5/8” x 15: b/n/w                                                        $5.00/ea
5/8” x 1.25” splice b/n                 $0.70/ea                $1/25/ea
                                                $335.20 (1 unit)        $372.25 (1 unit)

Joel stated he would like to purchase the materials from CWS Fence and Guardrail Andover.  He will use the 2009 budget line of $3467.20 and the encumbered line of $2651.57 for a total of $6118.57.  Joan Funk motioned to authorize $6118.57 for CWS Fence and Guardrail for guardrail supplies and to utilize the budget line of $3467.20 and encumbrance line of $2651.57 to pay for it, 2nd Gerry McCarthy.  Motion carried with Charlie King opposed.

e. Drainage Culverts – Joel explained that he received quotes for various diameters and quantities of HDPE plastic 28” x 20” 12 gauge aluminum oxide culverts to be utilized in this year’s drainage improvements.  The quotes are as follows;
        JAF Industries, Inc.            $27,181.60
        Barron Brothers         $21,238.00 (reduced by 2% if paid within 10 days)
        Elimination, Inc.               $21,000.00
Charlie asked Tony if a payment could be made administratively within 10 days and Tony said yes.  Joan Funk motioned to go with Barron Brothers at $21,238 with the 2% discount for payment within 10 days for the purchase of the drainage culverts outlined in the proposal, 2nd Charlie King.  Motion carried with Gail Ellis abstaining.

Charlie King motioned to authorize Pam Merrill to pay Barron Brothers for the culvert without prior signature on the manifest, 2nd Joan Funk.  Motion carried.

f. Landfill Stickers – Joel explained that he would like to discuss the possibility of utilizing a polyethylene mirror hanger to be utilized as a landfill permit for access to the Town Landfill.  The hanger would replace the current adhesive window permit residents are now using.  The idea is for better visibility for the attendants.  The Board was in consensus to stay with the window stickers and Joel will get the pricing.

g. Landfill Update – Joel explained he met with CMA on Friday to discuss the Landfill and based on the current guidelines the landfill will need to be closed in late 2010.  The preliminary estimate of comprehensive closure cost is at $1.6-2.3 million depending on the availability of local soil materials for capping.  The NHDES landfill closure grant program is still in place, but not funded in the biennial budget just adopted.  The possibility of the State Aid Grant for closure in FY 2012 with the upper limit of the grant being at 20% is present.  Joel stated that he believes there are plenty of materials in Town for capping and he has $1.5 million in the landfill closure account so there should be little or no tax impact for closure.  Also a preliminary plan for a permanent long term facility is in place.

h. Joel stated that the Public Works area is becoming a site to collect “old” town vehicles and he would like direction on disposing of these vehicles.  Charlie stated that the cruiser with the engine problem needs to be further investigated to see if it is only a timing chain and the other vehicles (Rec.Van and Expedition) should just be disposed of.  Gerry stated he agreed.

i. Gerry asked if Joel got the metal rail for the garage and Joel said he is awaiting the cost estimate.  Gail then asked if Joel manages the trash being picked up on the roadside and Joel said yes, he calls in Strafford County.  

7. Municipal Office Building Renovations:
Tony stated that Strafford County is on task to do the interior painting and when they come in next week to do the CAPP office they are going to stop in the Municipal Building to see what work they can do before the painting.

8. Planner Update:
Paula informed the Board that the temporary position was posted.  Tony said that he had one company call that said they could step in for the immediate need.  Charlie stated that he feels an interim person is needed to cover the planning board and ZBA meetings and office appointments.  Paula stated that she did have the opportunity to speak with Paul Parker who is the Planning Board Chair and he stated that he feels someone is needed asap to cover the same items Charlie stated and eventually a full-time planner should be hired.  Charlie then stated an interim person could cover one Planning Board and one ZBA meeting a month, plus 4-6 office hours to review plans and be available to the public.  Tony explained that both MRI Consultants and FST are available for short-term contracting and he also received two individual resumes for the short-term as well.  Joan stated she has a problem with (contracting) someone who was handpicked even before the Board made any decisions.  Charlie responded that Mr. Garrepy was not hand picked, but is someone who worked for the Town before and is familiar with the Town’s Regulations and Ordinances.  Charlie King motioned to contract Mike Garrepy for 6 hours of staff time a week  as required, one Planning Board meeting a month  and one ZBA meeting a month (if required) and any paid plan review for one month and then the Board will review the situation, 2nd Paula Proulx.  Discussion followed in which Tony asked if charging travel time would be an option and the Board was in agreement they did not want to pay travel time and instructed Tony to use his negotiation skills with this.  Motion carried with Joan Funk opposed and Gail Ellis abstaining because she has a conflict.

9. Fuel Discussion:
Tony reminded the Board that they should start looking at fuel bids.  Joan said the news suggested waiting until August before locking in.  The Board agreed to reconsider fuel bids in August.

10. Updates:
a. Town Clock Repairs – Tony explained that the work with begin this week.
b. Sprinkler System – Tony stated they are aiming for completion by July 27 but that the Town will need to look at an installer to attach the sprinkler to the Fire System and there should be $10-$12,000 left in the account when the installation is complete.
c. Draft Policies – The Board scheduled a workshop to work on the Town Vehicle Policy, Purchasing Policy, Time Clock Policy and Rate Structure for a Salary Scale on Wednesday, July 22, 2009.
d. Explore Program – Tony informed the Board that Rick forwarded a memo that states the Town is still in need of a Farmington representative to the Explore Board and he will update the Board as he gets information.

11. Other Business:
a. Gerry commented on the memo from the Police Department and said the Board has not come to a conclusion on a Time Clock Policy yet.
b. Paula asked if there has been any further thought on what the next maintenance step will be for the PD.  Tony stated that he gave them the okay for the electrical work four to six weeks ago but he has not seen the purchase order yet so he will follow up with the Chief.
c. Charlie asked if the electrical concerns at the Town Hall have been looked at yet and Tony said the job should only take a few hours and will be done in the next few weeks.  Paula then asked if the electrical in the ceiling was going to be done as well and Tony said that was going to be a big job and he has someone going in to get create a scope of the work needed.
d. Gerry stated he would not be in favor of joining LGC in their endeavor to sue the state over the state retirement funding issue.

At 10:15pm, Charlie King motioned to go in non-public session under RSA 91A.3.II (c) and (e), 2nd Gail Ellis.  Roll Call- Paula Proulx (yes), Charlie King (yes), Joan Funk (yes), Gerry McCarthy (yes) and Gail Ellis (yes).
        
Joan Funk motioned to adjourn, 2nd Gail Ellis.  Motion carried.  Meeting adjourned at 10:47pm.

Respectfully Submitted,

Brandy Sanger
Recording Secretary
__________________________                      _________________________
Chairman, Paula Proulx                          Vice-Chairman, Gail Ellis
__________________________                      _________________________
Gerry McCarthy                                  Charlie King

_________________________
Joan A. Funk