PLANNING BOARD
MEETING MINUTES
Tuesday – April 21, 2009
356 Main Street - Farmington, NH
Members Present: Chairman Paul Parker, Charlie Doke, David Kestner, Cindy Snowdon, Tracy Major and Tim Moody
Selectman’s Rep: Charlie King
Staff Present: Daniel Merhalski, Director of Planning and Community Development
Chairman Paul Parker called the meeting to order at 6:13pm and welcomed new member Tracy Major.
1. Discussion on Amendment of Planning Board Rules and Regulations:
Dan forwarded a draft wording change to the Board for clarification to section D regarding the Secretary’s duties. Paul suggested adding “recording” in front of clerk for further clarification in this section and the Board agreed it was a good idea. Charlie King motioned to revise the Planning Board Rules & Procedures with the revised and amended section D, 2nd Cindy Snowdon. Motion carried with Tracy Major abstaining.
Charlie King noted he did not have time to create suggested wording for revisions to the same document regarding the policies on how individuals should conduct themselves when there is a conflict of interest. He explained that historically when members have recused themselves from an application they have left the table and sometimes the room but there is a gray area on whether or not the recused member should participate in a Public Hearing as a resident in the audience. Charlie noted that in the past recused members have forwarded their comments in writing to the Board. Paul responded that recused members have the right to comment publicly as residents of the Town. Dan commented that Paul and Charlie are both right and that in other municipalities that he has worked in it seems to have worked the
smoothest when a recused member leaves the room and forwards any comments in writing. He further suggested that if the Board is going to make a policy regarding this then it should probably read that a member may recuse themselves and leave the table in the event of a conflict of interest and the Board recommends the member leave the room and put any comments in writing, but that they do not have to leave as they have the right to comment on an application as a resident, even if there is a conflict of interest.
Paul reviewed the reasons why one should recuse themselves listed in the RSA. Charlie King clarified that if one expressed an opinion on an application then they should recuse themselves; for example if one was talking to someone and said “I think that is a terrible spot for that development and I don’t want to see it” then that person should recuse themselves from that application because they have already publicly stated their opinion. Charlie Doke had a copy of a Board approved Conflict of Interest document and questioned if the Board is considering creating a new one or revising this one. Dan said he was unaware that this document existed and will research it to see if there is an amended version or not and bring it back to the Board.
Charlie King asked what would happen if a member did not agree to recuse themselves if the Board voted that there was a conflict of interest with the member. Dan replied that the Board cannot make a member recuse themselves but could continue the application and ask for a legal opinion on the matter and RSA 673.14, and at that time, if the member did not recuse themselves, the Board could request that the Selectmen remove the member from the Board. He then added that it is expected that all members to be responsible and honest and recuse themselves whenever there is any suspicion of a conflict of interest.
Charlie King motioned to continue this discussion on the Policies and Procedures to the May 19, 2009 meeting, 2nd Tracy Major. Motion carried. Dan then pointed out that the Board has not been following the agenda style explained in the Policies and Procedures and questioned if the Board would like to change to the recorded agenda or continue as they have been. The Board was in agreement that the Policies and Procedures should be amended to how the agendas are being posted now.
Dave Kestner motioned for a short recess, 2nd Charlie King. Motion carried at 7:16pm.
At 7:22pm, the Board came back into session.
2. 2009 Planning Board Work Plan Discussion:
Dan forwarded a list of ten items from the Master Plan and his notes that he would like to suggest for work items for the Board. Charlie K. added that a few years ago the Town had a paid consultant draft comprehensive revisions to the Subdivision Regulations and he would like to see the Board pull those out and review them. (Charlie King recused himself at 7:40pm to sign the ballots at the Old Town Hall.) Dan commented that he feels the most important items to work on this year are the Steep Slopes Ordinance (#8) and the Watershed Protection Overlays (#4). Many of the other members noted numbers 1,8,9 and 4 of the memo as important also. Dave added that he would like to see the Board address a change in the amount of contiguous upland needed to build (this is reflected as #11).
(Charlie King rejoined the meeting at 7:44pm.) The Board discussed several different ways Dave’s concerns could be addressed. The Board was in consensus to work on numbers 1,4,8,9 and 11 of the memo over the next year.
3. Other Business to Come Before the Board:
A. Cindy asked if the Board has a copy of the new cistern policy. Charlie King responded that it is still a draft policy created by the Fire Chief and the Selectmen are reviewing it although he would like to see the Planning Board review it, make recommendations and potentially adopt a cistern policy. Dan stated that he was under the impression that the Selectmen have not made a decision to have the Planning Board review the draft policy and that independently reviewing the policy without the Board of Selectmen requesting it, could result in two different, contradictory policies. The Board came to an agreement that Charlie K. should address the Selectmen and offer the Board’s services to review and work with the Fire Chief to review and adopt a single cistern policy.
B. Cindy asked if the Board can set-up a time for Dan to meet with the new Board members and due some training. Dan said it would be best if the new members could email him with times that are best for them and he will coordinate a time for the training in the near future.
Charlie King motioned to adjourn, 2nd Cindy Snowdon. Motion carried with all in favor.
Meeting adjourned at 8:42pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
___________________________ _________________
Paul Parker, Chairman Date
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