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Selectmen Minutes 03/22/2010
TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, March 22, 2010
356 Main Street, Farmington, NH

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

Town Staff Present:     Town Administrator Tony Mincu, Water/Wastewater Superintendent Dale Sprague.

Public Present:  Ed Leonard of Wright-Pierce, Norm Lablonde, Dave Wiley

Paula Proulx opened the meeting at 6pm and then turned the meeting over to Tony for Board elections.

1. Board Elections for Chairman and Vice-Chairman:
  • Gerry nominated Paula Proulx for Chairman, 2nd Gail Ellis.  Joan Funk nominated Gail Ellis for Chairman but Gail declined noting she could not make the commitment, Joan Funk withdrew her nomination.  Hearing no other nominations Tony called for a vote on the election of Paula Proulx as Chairman.  Motion carried with Joan Funk opposed.
  • Joan Funk nominated Gail Ellis for Vice-Chairman, 2nd Charlie King.  Motion carried with all in favor.
2. Public Comment
None

3. Review of Minutes
3-8-10pub. – Charlie King motioned to accept as written, 2nd Gail Ellis.  Discussion followed where Gail pointed out that it was not reflected that Scott Roberge asked to have his discussion in public. Board decided it would be better to wait until Brandy arrives. Motion withdrawn.

Charlie King motioned to table the minutes until the end of the meeting, 2nd Gail Ellis.  Motion carried with all in favor.

4. Discussion with DRA Representative:
Norm Lablonde, the monitor for the Department of Revenue.  His job is to work closely with Bonnie to make sure the town is following all state guidelines and statutes.  In 2009 there was an assessment update completed; the median ratio came up to 101% and the assessment was a success.  Letters will be going out to churches, blind residents and current use users to update the State files.  He also commented that Bonnie has been great to work with throughout the year and should be commended and would recommend that the Town continue to do yearly assessing because it is much more cost effective and helps his department as well.  Gerry asked the general question if the rate is different for current use land that is posted and Mr. Lablonde stated that the posting doesn’t make a difference but if the box is checked for recreational adjustment then the lot is given an additional 20%

5. Discussion with Tax Assessor Dave Wiley:
Dave Wiley came forward to request permission to have authority to mediate with a resident and settle a case before it would go to the Land Appeals Board.  In most cases like abatements there isn’t a deadline like with a court case and therefore he would have plenty of time to meet with the Selectmen and give his recommendation, but in some cases there are strict deadlines when the courts expect a decision.  Gail asked how the Board would be kept apprised and Dave replied that if it is a huge appeal then there is plenty of time to discuss it with the Board but many times he needs to make quick decisions.  Paula asked what the usual lead time is and Dave replied that once they return the paperwork back to the Board of Appeals they generally get 120 days, but sometimes the paperwork doesn’t come back until days before.  He then added that the point is to get the best agreement for the Town and taxpayer and sometimes it is cheaper to settle then go to court.  Gerry commented that he hopes we wouldn’t be making decisions based on the fact it is cheaper.  Dave replied that he tries to offer agreements that are justified that the Board of Appeals will agree with too. Charlie asked if the other towns Dave works with gives him this authority and Dave said yes and this authority would be for appeals before the State Appeals Board.  Charlie asked how many cases does Farmington have a year typically and Dave replied that the reval year has a higher appeal than others but will probably have three to four.

6. Discussion with Wright-Pierce:
Ed Leonard explained that Rural Development requested the total bid for the new scope be completed.  They solicited bids and received several and put together a summary of those bids for the Board.  Aqua-Aerobics was the highest rank, then Sanitare, followed by Seimans after Wright-Pierce reviewed and scored the bids.  Wright-Pierce would suggest contracting with Aqua-Aerobics Systems but go back to them and see where they can make cuts to reduce the capital costs.  Charlie asked where Ed would expect they could cut costs.  Ed replied there buying power is in bulk and they quoted what was in the spec instead of what is standard for them so this could produce some large savings with the actuators and blowers and potentially with the performance testing.  

Charlie pointed out that sections 9, 10 and 11 are estimates at this point and Ed replied yes, that is correct because we haven’t done the final estimate but it is applied evenly.  Charlie followed up by asking who will bid on those three items and Ed replied that they will be in the design contract where many contractors will put their bids in on.  Charlie asked what the mark-up will be on these items and Ed replied there won’t be any mark-up on the items because they will be listed as an allowance value and contractors would only be allowed to show any type of mark-up in their installation bid.  Charlie asked what is the time limit for making a decision on this package and Ed replied it is time sensitive for 90% submittal.  Charlie noted he agreed with Wright-Pierce’s recommendation for the preferred candidate but he thinks they could do a little better with their capital costs.  The Board agreed and Ed will bring the information back to the Board for the next meeting.

7. Signing of Water Pollution Revolving Fund Loan:
This is a revolving fund loan at 2.952% in interest and if the Board signs it, it will then go to the Governor and counsel for approval before the Town would receive the money.  Paula asked if the present loan can be rolled into this loan once it is received so the Town only has one payment and Tony said yes.  Charlie asked how much the combined total will be and Ed replied this the interim finance vehicle to get the Town to the Rural Development funding because they do not offer interim financing.  Charlie King motioned to have Tony sign the Water Pollution Revolving Fund loan with the understanding that the outstanding loan will be rolled into this one, 2nd Gerry McCarthy.  Motion carried with all in favor.

8. Public Works:
A. Discussion on Ten Rod Road Driveway Culvert – Joel submitted a memo on 3/15/10 that explained the area around the culvert and he also drafted a letter to the resident for the Board to review tonight.  Charlie commented that he went out to look at the area and found a 24” culvert 100ft. or so up the road and this particular culvert is substantially smaller.  Also, looking at the slope of the road and land, the culver is not of substantial size based on the flow.  Charlie added that something needs to be done so that the Town does not have to keep repairing the road.  Gerry commented that he also went up to look at the area and noticed the driveway coming down to the road appears to be an issue because water is coming down the driveway and going over the ditch line and not through the culvert.  Joel replied he noticed that as well.  

Charlie asked how many times the road in this area has been repaired in the past year and Joel replied 4-5 times and replacing the culvert would help significantly but the drainage down the driveway needs to be addressed as well.  Charlie asked what size culvert Joel would suggest and Joel replied an 18” would be sufficient.  Charlie then asked if it is possible for the Town to initially purchase the culvert and then apply a betterment assessment to the resident’s taxes.  Tony replied that he would need to check with Kathy Seaver to see if this is an employable mechanism.  Tony will do some research to see what avenues are available.  Charlie asked how much this culvert would be and Joel replied it is a 30’ culvert in length and he would need to look up the cost in his office.  The Board agreed Joel should hold off in sending the letter to the resident until Tony has time to research some avenues to collect payment from the resident.  The Board will readdress next week.

B. Discussion on 8 Water Street Issue – Joel informed the Board that he met with the resident today to discuss the issue which is where the river rises the baffle closes to stop the river from flooding the downtown and then in the meantime the water from the street has nowhere to go so it floods the residents property.  Joel spoke with JACOBS Engineering for ideas and because it is related to the levee an engineered action plan would have to be approved by the Army Corps of Engineers prior to any work commencing and he is working on putting together a plan.  Charlie asked how much of the water is from the backside of the levee versus the low-lying area location.  Joel replied that it depends on the river but much of the town drainage structures drain through this property by design.  Joel’s recommendation would be to redirect the town drainage.  

Gerry commented this has been this way for a long time and the Town just spent a lot of money on a Drainage study.  He then questioned if the priorities should change that are listed in the study because the School Street area concerns the children.  Paula reminded the Board that permission to outlet to the Cocheco River could be changed due to its new protected classification.  Joel replied that he discussed that with JACOBS today.  Charlie asked if the resident is aware of the complications of the river and the levee and Joel said he discussed that with the resident today also.  Joel will put together a plan and the Board was in agreement that they are actively pursuing a solution but it make take a little time.

C. Letter from NHDOT (Department of Transportation) – Gerry commented that he is not sure this is a fair trade because one mile is not equal to 4/10 of a mile.  Joel replied that one of his resolutions is to swap Central Street and not Tappan Street.  The Board was in agreement that the proposal as presented by NHDOT is not acceptable.  Joel will calculate the cost of maintenance of Central Street and Main Street so the Board can review and compare and come up with a counter offer.

Joel requested a non-public discussion with the Board at the end of the meeting and the Board agreed.

At 8:07pm, Paula Proulx motioned for a short recess, 2nd Charlie King.  Motion carried with all in favor.

At 8:13pm the Board reconvened.

9. Planning Board Appointments:
A. Joan Funk motioned to appoint Glen Demers to a 3 year term as a regular member to the Planning Board, 2nd Gerry McCarthy.  Motion carried with Gail Ellis abstaining because she still has an application pending.

B. Gerry McCarthy motioned to appoint Tracy Major as a regular member for one year to the Planning Board, 2nd Charlie King.  Motion carried with Gail Ellis abstaining.

10. Other:
A. Energy Efficiency Block Grant – Tony informed the Board that out of 270 applicants the Town was one of the 68 to be receive the grant.  The grant is for about $73,000 to be used to replace the windows and heating/cooling system in the Municipal Offices.

B. Campbell Commons Request Letter – Tony explained that he had a conversation with Town Counsel and he said the Town needs to talk to Packy Campbell who hasn’t see the letter yet.  Gail asked if the letter should go to the court and Tony said yes because the Town is not the enforcement entity and he will forward the letter to Packy as a courtesy.

C. The Board signed the MS-2.

D. Tony informed the Board that the roof on the CAP office was repaired by Hall Brothers and that apparently some flashing had come loose which allowed the heavy rain to come in.

11. Review of Minutes:
A. Gail Ellis motioned to accept the non-public minutes of 3-8-10 as written, 2nd Joan Funk.  Motion withdrawn.

Joan Funk motioned to table the non-public minutes of 3-8-10 until the non-public meeting, 2nd Gail Ellis.  Motion carried with all in favor.

12. Other:
A. Charlie asked Joel if he received a revised quote from Urban Tree Service to define the work day and Joel replied yes, that their work days starts on the job site in Town.

B. Charlie asked if the Board would like to set a work agenda for the new year to include such items as the reviewing the employee handbook, comp time policy, a standard policy for implementation of PD fleet, benefits and standardized polices for departments including job descriptions.  The Board agreed this would be a good idea.

C. Paula asked if the Town Clock has been fixed and Tony said yes, the bill was for $373.00 but the hour hand will be off for one more week.

At 8:50pm, Gail Ellis motioned to go in non-public under RSA 91A.3.II (a) and (c), 2nd Gerry McCarthy. Roll Call – Paula Proulx (yes), Gerry McCarthy (yes), Charlie King (yes), Gail Ellis (yes) and Joan Funk (yes).

At 9:48pm, Joan Funk motioned to adjourn, 2nd Gail Ellis.  Motion carried with all in favor.

Respectfully Submitted,
Brandy Sanger
Recording Secretary



__________________________                      _________________________
Chairman, Paula Proulx                          Vice-Chairman, Gail Ellis


__________________________                      _________________________
Gerry McCarthy                                  Charlie King


__________________________
Joan A. Funk