TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, November 9, 2009
356 Main Street, Farmington, NH
Selectmen Present: Chairman Paula Proulx, Gerry McCarthy, Gail Ellis, Joan Funk and Charlie King.
Town Staff Present: Town Administrator Anthony Mincu, Town Clerk Kathy Seaver, Parks and Rec. Director Rick Conway and Public Works Director Joel Moulton.
Public Present: James Hill, Tom Huckins, Randy Orvis and John Nolan
Chairman Paula Proulx opened the meeting at 5:35pm.
Joan Funk motioned to go in non-public session under RSA 91A.3.II (c), 2nd Gail Ellis. Roll call – Paula Proulx (yes), Gerry McCarthy (yes), Joan Funk (yes), Gail Ellis (yes) and Charlie King (yes).
At 6:22pm, the Board came out of non-public session and Chairman Proulx re-opened the public meeting.
1. Public Hearing:
Paula opened the Public Hearing to Accept the Unanticipated Revenues in the amount of $11,212.33 from the State 2008 FEMA ice storm monies at 6:25pm.
At 6:27pm, Paula closed the public hearing.
Joan Funk motioned to accept the State 2008 FEMA ice storm reimbursement in the amount of $11,212.33, 2nd Charlie King. Motion carried.
2. Public Comment:
A. James Hill of 55 Spring St #2, asked to discuss a termination of Facility Use Agreement for the Town Hall he received. He explained that he replied to the termination letter to the Board, Tony and Rick Conway and is concerned because he has been advertising for this contra dance that is supposed to occur after Thanksgiving and people are coming from all over the state to attend. Paula replied that this is probably something that needs to be discussed in non-public with Mr. Hill and Rick next week because Rick is not available to respond. Mr. Hill stated another problem is that Rick stated he was going to cash his deposit check today. The Board directed Mr. Hill to sit with Rick and Tony to try to resolve this issue and then if further action is needed all parties can meet with the Board
in non-public session next Monday. Charlie also noted that he would hope the check would be held until the issue is resolved.
B. Tom Huckins informed the Board that he recently got approved for a subdivision and wanted to bring some information to the Board’s attention. He has recently received a driveway permit and would like to know if the Board would waive the engineering oversight. Also, Mr. Huckins stated he is not pleased at all with the engineering firm that Town has on contract. He received a bill for $130 for an hour they spent on-site doing a review. Then he received a second bill for review, in which two people did the same review and which went over the $2100 estimate to $2900. Mr. Huckins explained that he reviewed all this information with the Planning Board and they were supposed to go back to the firm and fix the billing, as a result he received an amended bill for $2600; which he still
feels is not equitable or fair.
Joan asked if Mr. Huckins brought these concerns to the Planning Board and he replied yes, they had Mike Garrepy talk to FST which is why the cost went down $300. Charlie stated that the Planning Board concluded that the applicant would not be responsible for any amount over the estimate so he will look into this. Also, the Planning Board discussed at their last meeting to put out a new RFP for engineering based on these and many other concerns. Joan suggested Mr. Huckins not pay the invoice until Charlie investigates the invoice.
Mr. Huckins then asked who he can get approval from to start his project once he gets the final state approval. Charlie directed Mr. Huckins to contact Town Staff once he receives state approval. Mr. Huckins questioned if Joel Moulton can oversee his roadway construction on behalf of the Planning Board; noting that Joel had said he was willing to do so. Charlie replied that in his opinion Joel’s work schedule is too busy for this additional oversight.
C. Paula informed the Board that she received an email from Rodney Thompson who wanted to make the Town aware that New Durham is creating a new town map and the survey markers that have been up forever on his property are now being argued. The surveyors New Durham has contracted with are trying to move his Farmington boundary line 45 feet in giving that footage to New Durham. Mr. Thompson is very concerned about this due to changes it will make to his survey, deeds, etc. Randy Orvis commented that this is happening all over the state and case law says the monumental survey markers take precedence over modern technology in cartography. The Board will have Tony contact New Durham to see what their prospective is on the story.
3. Review of Minutes:
a. Joan Funk motioned to accept the minutes of 10-21-09 as written, 2nd Charlie King. Motion carried with all in favor.
b. Joan Funk motioned to accept the public minutes of 10-26-09, 2nd Charlie King. Motion withdrawn.
Joan Funk motioned to table the public minutes of 10-26-09 to allow Brandy to add more information from the Wright-Pierce discussion. Motion carried with all in favor.
4. Acceptance of Road Name:
Joan Funk motioned to accept Huckins Lane as the official name of the new proposed road in a subdivision for Tom Huckins, 2nd Gerry McCarthy. Discussion followed in which Charlie asked if the name was approved by E-911 and Mr. Huckins replied yes, Elaine Labrie called and it was okay. Charlie offered the friendly amendment to note the road name is approved by E-911 and Joan Funk and Gerry McCarthy both accepted the amendment. Motion carried with all in favor.
Charlie King motioned for a short recess at 7:16pm, 2nd Joan Funk. Motion carried with all in favor.
Meeting reconvened at 7:22pm.
5. Town Clerk/Tax Collector Budget:
Kathy Seaver, Town Clerk, presented her budget. She explained that the only changes she put in the budget were for an increase in registry research and the election lines because she is budgeting for 3 elections instead of one. She also explained that the printing, posting and supplies lines are for her portions of the bulk ordered supplies. Gail asked why line 01-4140-10-620 (repair/rebind) is so different. Kathy replied the line should read $2000 and that the $200 is a typo. Gail then asked who the ½ TC office position covers and Kathy explained that the line needs to be updated because it is for Nora who now works 30 hours as approved by the Board.
Charlie asked about the health insurance lines and Kathy explained that she just plugs in the numbers she gets from Pam for all those type of lines. Charlie asked if Kathy knew if the lines take in to consideration the possible increase in cost. Rick and Joel both replied that they had similar discussions and they do not think so. Also, they believe Tuesday’s department head meeting is to address this topic. Kathy then added that the portion employees pay in for health care is not reflected in the budget because it comes in as revenue.
Paula pointed out that the ICMA line has a big difference between Kathy’s budget sheet and Pam’s. Kathy replied that she plugged in the numbers Pam gave her on October 6th so the difference would be a question for Pam. Kathy then stated that department heads were told to plug in all salaries as if there were no increases because the Board still needs to make a decision on how the salaries are going to be handled this year. Gail stated that the Board probably needs to direct Tony to start merit reviews now.
Gail asked Kathy if she has any grants. Kathy replied she is working on one that won’t be available until March so it will have to come in as unanticipated revenues if awarded. Also, she is working on two other grants for energy efficiency of the buildings. Gail then asked where the Town stands with revenues so far this year. Kathy explained that as of November 4th the revenues are down at $275,000 but a lot of the difference is due to the fact that the taxes bills were later. She expects to finish the year with more revenue than in 2008 because the taxes weren’t due until January last year.
Gail questioned what the line “in lieu of taxes” is for. Kathy explained that this is part of a negotiation with Frisbee for the doctor’s office on Route 11. They are tax exempt as determined by a court but set up this separate agreement with the Town. Gerry stated that he would like to see a copy of the agreement and what they have been paying. Kathy replied that Bonnie has that information and that she believes the agreement is up for renewal.
6. Parks & Recreation Proposed Budget Review:
Rick Conway, Parks & Rec. Director, reviewed his budget with the Board. He explained that he would like to encumber $5600 for brochure printing and is currently awaiting the written contract. The quoted price he received for the printing of the brochures is; 1.) 32 pages at $1374, 2.) 16 pages at $1149 and 3.) 40 pages at $1723. He would also like to purchase a graphic art software program with the balance of this money but he is still shopping for the best program and deal. The Board was unsure if this money can and should be encumbered for another year. Rick replied that if he cannot encumber these funds then he will have to budget for brochure printing. Charlie asked why the printing is not a budget line item. Rick explained that it used to be but since the money is already
put aside for printing purposes he thought it would be a good idea to encumber it. Charlie stated that he does not believe this meets the requirement for encumbrances and feels it should be a line item. Gail commented that she understands from Pam that an encumbrance can be placed as long as there is a contract in place by 12/31.
Charlie asked if the training line should include staff shirts and Rick explained he could move them to another line. Charlie followed up by asking how much Rick spends on shirts and Rick replied “no much, most of the funds come out of the rec. revolving.” Paula asked Rick to explain his telephone line. Rick stated that he does not have Town cell phones and that he would like to budget $35/month stipends for Alicia, Carla and himself. The Board discussed that they need to check with Tony to see what is happening town-wide with cell phones.
Gail asked if Rick is completely switched over to Bayring and Rick replied no, he received a Fairpoint bill today though it was a minimum amount. Rick will check with Tony to see what is happening with the switch. Gail asked what Rick has scheduled for repairs for the $3100. Rick explained that he would like to run public water to Fernald Park, do some repairs to the park gates and fences, remove dead trees and stumps and plant new trees though he does not have an actual plan yet. Joan asked if the park by Lone Star is maintained and raked in the fall because a resident contacted her concerned that the culvert gets clogged with leaves. Rick replied that he was unsure and would talk to maintenance about it.
Gail asked why Rick is still carrying $1500 in the vehicle repair line. Rick explained that he does have the new van but he also has the old bus and Keith and Rickett’s maintenance truck under his budget. Joan asked if the building maintenance is under another line. Rick replied he has never seen it in his budget and Gerry added that is done under the general government buildings line. Joan followed up by asking if Rick has any plan for regular maintenance for his building. Rick replied no, that they usually paint downstairs but that the materials usually come out of the rec. revolving fund. Joan commented that he should have a plan for regular maintenance of the building for upkeep with the funding to come from the general government buildings line. Rick replied that the
ceiling needs to be painted now that the roof is repaired, the gym floor will be refinished for about $400 and he would like to rent a lift to clean the lights.
Rick then informed the Board that the Cap office is extremely low on food and cash and has set-up a collection bin in the rec. foyer for collection. Gerry stated that the Interfaith Food Pantry is experiencing the same problems and questioned why he is not helping them. Rick replied that the CAP office approached him and brought him a collection bin though he would certainly do the same for the church.
7. Public Works:
A. Drainage Structure Survey RFPS
Joel forwarded the following bids;
Norway Plains Association, Inc. $6500
T.F. Bernier $6900
Meridian Land Services, Inc. $7000
Barron Brothers & Development $8000
Berry Surveying and Engineering $17,190
Joan Funk motioned to contract with Norway Plains for $6500 for the drainage structure survey, 2nd Charlie King. Discussion followed in which Charlie asked Joel if there are any other potential black holes for this project. Joel replied no. Gerry asked what they will require from the Town and Joel explained it would just be the coordination between the consultant and survey coordinator. Charlie then asked if Jacobs is going to take the AutoCAD work and put it in GIS format for the Town and Joel replied yes. Motion carried with all in favor.
Charlie asked how this “stacks up” to the $1000 budgeted in Jacobs bid and if it is subtracted from their charge to the Town. Joel replied that Jacobs fulfilled their $1000 field work for the contract. Gail asked Joel to double check this.
B. Driveway Culvert Policy –
Joel informed the Board that he revised the policy based on the previous discussion. Charlie suggested adding “and not for new infrastructure/construction” to the last sentence in section A. The Board agreed this was a good idea and Joel will amend the policy. Randy Orvis suggested an addition to section B to note that appropriate ditching might be necessary but the Board felt the ditching does not affect the cost to the resident so it would not need to be added.
Joan Funk motioned to approve the Driveway Culvert Policy with the amendment made tonight, 2nd Gail Ellis. Motion carried with all in favor.
C. Pole Bard Roofing Material –
Joel received the following quotes for roofing material for the pole barn at the DPW.
Galvanized Painted Metal
Kauffman Metals 0 $3347.40 (no delivery)
AJ Cameron $3455.10 $4186.35
Brocks Building Supply $4303.40 $5139.30
Middleton Building Supply $3052.75 $4045.15
Joel explained that the proposals include the appropriate metal roofing material, fastening screws and 130 ft. of ridge cap. Also, the painted metal roof comes with a warranty.
Joan Funk motioned to go with the galvanized roofing from Middleton Building Supply at $3052.75, 2nd Gerry McCarthy. Discussion followed in which Gail asked what the difference is between the two materials. Joel replied that the painted is supposed to be more durable. Motion carried with all in favor.
D. CAP Office Handicapped Accessibility –
Joel informed the Board that the current ramp has failed and is becoming unsafe. He looked into many options to replace the ramp, including creating a concrete ramp out front of the building. Paula asked if the doors of the courthouse are ADA compliant and Joel replied no, neither one of them is. Charlie stated that even if a ramp was built out front of the building the back exit would still need to be repaired for egress. Joel replied a set of stairs could be installed and Charlie commented that foundation stability would still have to be completed in the area. Gerry commented that he thinks the existing ramp should be repaired with pavement and the timbers put back to their original state. Joel asked who will pay for the repairs and the Board directed Joel to put together a cost
estimate to pave the ramp and replace the timbers and have Tony look in the budget to see what funds are available.
E. AST Responsibility –
Joel informed the Board that he had a little issue with the tanks and he would like to see the either he or Dale take full responsibility for the tanks. Charlie asked what happened and Joel stated that there is no way to measure the tank so there was an issue filling them. The Board directed Joel to talk with Dale and Tony to come up with a remedy that would be in the best interest of the Town and that it would probably be a good idea to have one person in charge.
F. Campbell Commons Update –
Gerry suggested clarifying some of this new information with Tony on Tuesday. Charlie stated that in his opinion the Board needs to have the Town Counsel attend a meeting because there are too many variables and this has been going on for 9 months now. The Board discussed that there are lots of different opinions on what the Town Meeting vote called for the Town responsibility to be in regards to these roads. Joel stated that he is proposing to push snow off to the right into the common area and needs to know if this is acceptable to Mr. Campbell before the snow begins falling. He is also concerned with the proximity of fences and mailboxes to the road. Paula suggested sending a letter out to all the residents of the road in regards to the fences and mailboxes and the Board agreed this would
be a good idea. Charlie suggested Joel get a copy of the plan set and mark the proposed are for snow dumping for approval by the land owner so the exact area is documented.
G. Illegal Dumping –
Joel informed the Board that his department cleaned up freshly dumped tvs, monitors, misc. trash and 59 tires today and questioned if the Board would create a policy against this illegal dumping. It was stated that this is littering and illegal. Joan asked if Joel contacted the police with the information he has and Joel said the PD is aware because they contacted him but he will talk to the Chief on Tuesday about specific information he has gathered. The Board will discuss this in non-public on November 16th.
H. Joel informed the Board that Traci Cameron submitted the Safe Routes to School Grant application today and the Town should have an answer in March.
8. Christmas Lights:
Paula informed the Board that Tom DeJulio forwarded more information regarding the Christmas Lights. The Town has approximately 100 bulbs with 50 of those being clear so therefore approximately 300 bulbs will be needed. The cost is $1.45/bulb for a total of $450. Plus he usually replaces 3-4 sets of cord caps for approximately $112 and if the Board wants an extra electric eye and relay it would be an additional $450-$500.
Gerry McCarthy motioned to install the Christmas lights that work on the existing electric eye, 2nd Charlie King. Motion carried with all in favor.
9. Vehicle Policy:
Joan Funk motioned to approve the amended Vehicle Policy with the addition of the acceptance date and Board of Selectmen signature lines, 2nd Charlie King. Motion carried with all in favor.
10. Application for the Economic Development Commission (EDC):
Gerry stated that it was the intent of the EDC by-laws Article 3, section 1 to limit the membership to one Selectman. Joan shared a memo she received from Legal that stated it appears there is no prohibition for another Selectman to be appointed to the EDC. It was questioned who asked for Legal’s opinion and Joan stated she requested it. Paula questioned what would happen if another Selectman wanted to join or shows up at the meeting because then there would be a quorum of the Selectmen present doing Town business.
Gail Ellis motioned to appoint Joan Funk to the Economic Development Commission for 3 years as a regular member, 2nd Joan Funk. Motion failed; Gail Ellis (yes), Joan Funk (yes), Gerry McCarthy (no), Charlie King (no), and Paula Proulx (no). Joan asked if she can participate as the public and the Board replied yes.
11. Jones Brook Letter of Credit:
George Szirbik, Partner of Jones Brook, LLP, made a request that the Town consider releasing his current Letter of Credit in exchange for a new one. Gail Ellis motioned to release the current Jones Brook Letter of Credit from Ocean Bank in the amount of $50,000 for a new Letter of Credit from Profile Bank for $60,000 with the same value and terms, 2nd Charlie King. Charlie King then withdrew his second because he has to recuse himself from the vote. The motion was then seconded by Paula Proulx. Motion carried with Charlie King abstaining.
12. Campbell Commons Update:
The Town received a reply from RSA Development in response to Dale’s report to the court. Paula stated that she asked Tony if he has received anything from the Court and he said no. The Board decided that they do not want to take any action without the court requesting it. Gail then asked if it is possible to have no water installed and have the contractor bring the water in for maintenance. Charlie asked if the requirements are supposed to be negotiated and the Board again, agreed to not respond and/or negotiate without the court’s request to do so.
13. Town Report Dedication:
Charlie stated that the Board received one recommendation for whom to dedicate the Town Report to and commented that if anyone in the public has a suggestion on who to dedicate the report to they would love to hear all suggestions.
14. COAST Board of Directors Meeting:
Paula stated that Dan Merhalski was the past representative to this COAST Board and that they will need to possibly appoint the new Planner to do so as well.
15. No Trespass Order Response:
Tony forwarded a copy of a letter he drafted in response to the No Trespass Order. The Board was in consensus to discuss in non-public because they were not sure the last paragraph is appropriate and that the expiration date of the order should be included. This discussion was scheduled for non-public on 11/16/09.
16. PD Request:
The police department suggested adjusting the speed limit on Meetinghouse Hill Road due to the nature of the road. Gail commented that unless it is monitored the speed limit change will not do any good. Charlie suggested maybe putting up “slow curve ahead or 25mph curve ahead” signs though he doesn’t have any issue reducing the speed limit. Charlie suggested asking Joel for recommendations regarding signage. The Board tabled this discussion until next Monday so they could further investigate the request.
17. CAP Request for Space:
Paula informed the Board that the CAP group suggested a rental fee of $100 a month for the rental of the upstairs of the court house. The Board will discuss next week.
18. Other:
A. Gerry stated that there is a building owner in town that pays his taxes but cannot get a dump sticker and he is not sure if it is good policy because this owner pays substantial taxes in town even though he does not have a business. Joan suggested the man come to the Selectman for an exception or write a letter of request for exception. Charlie stated if the Board would consider a request then why wouldn’t they consider changing the policy.
B. Gail commented that she was under the impression that Tony was going to seek out quotes from other insurance companies. Joan stated that she knows Tony looked at other plans. Gail stated that she forwarded the name of her insurance company and she does not see a quote from them. Gail will forward the information to Tony again.
Joan Funk motioned to adjourn, 2nd Gerry McCarthy. Motion carried.
Meeting adjourned at 10:43pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Paula Proulx Vice-Chairman, Gail Ellis
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Gerry McCarthy Charlie King
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Joan A. Funk
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