FARMINGTON BOARD OF SELECTMEN’S
MEETING MINUTES
JUNE 23, 2003
(Public Session)
Attendance: Chairman Joan Funk, Gerald McCarthy, Barry Elliott, David Hall & Matthew Scruton
Staff: Ernest M. Creveling, Town Administrator, Fire Chief Randall (Ky) Goslin
Ernie called resident Roger Belanger forward. Roger approached the Selectmen saying after 14 years of the Puddledock Press location over Palmer’s Hardware, the Press is being evicted. He said they must be moved out in three weeks and would like to ask the Selectmen to consider allowing them to utilize some space at the old Town Hall at 39 N. Main St. Joan asked if there would be any problem for the Press to use a Town building space and Parks & Recreation Director, Kerry Mucher said no. Ernie said the plans for the elevator and the front stairs for the old Town Hall are still pending. He said $85,000 remains available for these changes. Ernie said the old recreation office was the first place he thought the Puddledock Press could relocate to. He said $85,000 is not enough for
the elevator and front stair renovations. Discussion then ensued regarding the old stair chair at the Municipal Offices and it’s possible reuse at the old Town Hall. It was determined the SAU had already made plans for it’s disposition, since Ms. Beulah Thayer had donated it to the school. Barry said due to the length of time it would take to make a final decision for the old Town Hall, clearly the Selectmen could accommodate the Puddledock Press.
Gerry said the front of the old Town Hall clearly should be renovated anyway, since it “looks like hell.” Barry asked if a telephone line would be needed and Roger said yes. Ernie asked if the Puddledock Press has insurance and Roger said he doesn’t believe the Press has any insurance. Barry Elliott made a motion to negotiate with the Puddledock Press for the housing of the Press office at the Old Town Hall, 39 N. Main Street. Gerald McCarthy seconded the motion. The Board acknowledged the need for them to ratify this vote when the official Selectmen’s meeting convened at 7pm. Gerry said the front of the old Town Hall must be addressed, noting the funds have been allotted and the work should be done. Barry said during one of the
Selectmen’s workshops, the Board should visit 39 N. Main Street to view the situation and to discuss it further.
The Selectmen’s meeting officially convened at 7:05 p.m. and was called to order by Chairman Funk. Joan took the honor to retire Student Selectmen Greg Chick’s nameplate. Selectman David Hall took the honor of presenting a certificate of appreciation to graduating senior Greg Chick. Joan commended Greg on his efforts as Student Selectman. The Board shook his hand, thanked him and presented him with a pen set.
Joan then read a letter drafted to specific Town employees, thanking them for their hard work on the improvements to the Municipal Office building (the old Main Street School building).
Minutes
Barry Elliott made motion to approve the minutes from June 9th, 2003. David Hall seconded the motion. Matt said on page #7 in the first paragraph, the reference to Jim Langis should be that he is the “owner” of Langis Electric. Matt asked that the role call votes be noted in the minutes. Gerry agreed it was a good idea. Barry Elliott motioned to accept the minutes from June 9th, 2003, as amended. David Hall seconded the motion and the vote was: Matt-yes, Joan-yes, David-yes, Barry-yes & Gerry-yes. The motion passed.
Public Comment
Marilyn Robichaud wanted to acknowledge the efforts of the highway crew working on the improvements to Meaderboro Road. She said the improvements were made difficult with complaints from others on the road. She said she feels the complaints were unfair and said she feels the crew did an excellent job and do the best they can with what they have to work with. The Board thanked Ms. Robichaud for her comments.
Rte#11 & 153
N/A. Ernie said the work on the intersection redesign is ongoing.
E-911
Joan Funk made a motion to accept the E-911 Emergency Response Ordinance. Barry Elliott seconded the motion and the vote was: Matt-yes, Gerry-yes, David-yes, Barry-yes & Joan-yes. The motion passed.
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Fire Dept. Hall Rental Income
Ky asked if the Selectmen had the opportunity to review the material presented earlier and the Board said yes. Joan said she saw checks to certain parties, but with no attached receipts. She said from here on in receipts needs to be attached. Matt asked for the inclusion of the particular business purpose for each expense too. Gerry said the checkbook information show many payments for custodial work to the hall. He said when Richard (Rit) Moulton was Fire Chief, the budgeted money, which covered his inspections, also covered cleaning of the hall. Ky said he doesn’t clean the hall. Gerry said he’s surprised that the hall cleaning is not now included in the budgeted monies. David said on the front page of the hall income information packet, the thermal imaging
camera cost seems to be off by approximately $3,000. Ky said the camera was purchased before he became Fire Chief. Rick said the money from the camera fundraising shouldn’t have been run through this account and should instead have been in a separate account. He said he’s not sure why it was done this way. Joan asked if more than one person is now keeping track of the account expenditures and Ky said now only one person manages the account, Rick Gladding.
Barry said he’s confused, wondering if the fundraising money goes to the Town and Ky said no, it belongs to the Fire Dept. “kitty fund”. Barry wondered why the Fire Dept. building maintenance became the responsibility of the Town and Gerry said when the precinct department dissolved, the building and equipment became the property of the Town. Barry said years ago the account was intended for building maintenance. Ky said his wife and daughter clean the hall occasionally and have tried to find outside contractors willing to take the job, but no one wants it, due to its infrequence.
Ernie said the special revenue fund was established per the Town auditor because he said public and private funds have been incorrectly inter-mingled and cannot occur. He said the hall rental income now needs to fall under the purview of the Town Treasurer. Ernie said the whole purpose is to simply keep in line the monies using appropriate auditing ethics. Barry said he feels a Town employee should clean the Fire Dept. Joan Funk motioned to accept the Fire Dept. Hall rental income account, as presented and from here fort, move forward with the new arrangement to hold the funds in a Town account under the auspices of the Town Treasurer. Matthew Scruton seconded the motion. Gerry asked what the $500.00 check written for cash was for and Ky said it was for change for the Hay
Day booth. Rick said again, he doesn’t know why the money was run through this account. The vote was: Joan-yes, Gerry-yes, Matt-yes & David-yes, Barry-no. The motion passed.
Barry Elliott made a motion to approve the junkyard policy, as amended during the public hearing. David Hall seconded the motion. The vote was: Matt-yes, Joan-yes, Gerry-yes, Barry-yes & David-yes. The motion passed.
Matt asked if the Board voted to postpone the pending building permits on Lancelot Shores until this evening and Ernie said yes. Ernie said according to Attorney Susan Slack of NHMA, the Town has no duty to construct or maintain a private road and therefore has no liability. She said the Town has immunity in the event of response to a fire emergency too. Ernie said Susan also said it would “open Pandora’s box” by requiring roads be brought up to specific standards. He said the Selectmen have the right not to approve building permit(s), but the question is, would the decision hold up in court, if challenged, Ernie said scattered and premature development and safety factors could be used as reasons for denial, if the Board so chooses. Gerry asked if the Planning Board approved
the permits, which are before the Selectmen now and both Matt and Ernie said yes. Barry said he wishes there was a mechanism available to prevent the Town from being forced to take over a road. He said he fears the road will eventually have to be taken over by the Town, if enough owners build and then attend Town Meeting and swing the vote, then the liability for the substandard road falls upon Farmington. Chief Goslin spoke about the problems of emergency equipment access on some of the private roads on Lancelot Shores. Barry said many years ago permission was granted for subdivisions in this area and he doesn’t feel the Board can refuse the permits, but he doesn’t like it. Ernie said one thing, which might help prevent any misunderstanding is, perhaps the waiver of liability should be called a “private road understanding”, not “agreement”. Matt said the law is pretty clear there is no liability and the
Planning Board has approved the permit applications. Matthew Scruton made a motion to approve the building permit applications before the Board for Lancelot Shores. Gerald McCarthy seconded the motion and the vote was: Joan-yes, Gerry-yes, David-yes & Matthew-yes and Barry-no. The motion passed.
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Joan Funk sought to ratify the vote concerning the Puddledock Press relocating to the old Town Hall at 39 N. Main St. Gerald McCarthy seconded the motion and the vote was: Gerry-yes, David-yes, Barry-yes, Matt-yes and Joan-yes. The motion to ratify passed.
Other Business as May Come Before the Board
Discussion ensued regarding the approximate cost for a new chair lift at the old Town Hall.
Interviews of Legal Counsel
Attorney Emmanuel Krasner came before the Selectmen. Joan said a question has arisen regarding conflicts of interest. Manny said this could be a problem with any attorney. He said he has perfectly capable referrals for legal counsel from the north and from the south, should the possibility of conflict arise. Gerry asked if knowing the members of the community could be problematic for him and Manny said it is better to know them because then he would have a “better grip” on various situations/personalities. Gerry expressed his concern of unintentional bias. Discussion then ensued regarding whether or not the Selectmen should be in non-public session to discuss such matters, due to competitive advantage. It was agreed since the second attorney had been asked to remain
outside of chambers; public session wouldn’t be an issue.
Barry asked for timeframes within which to respond to questions and Manny said those who contact him via a retainer are the priority, but he usually has a pretty “quick turn around” for answers. The Board had no further questions of Attorney Krasner. Ernie said the only time in the past when there was a problem, was once when response time was an issue. He said he also recalls all Town cases under Manny’s purview were won.
Walter Mitchell of Mitchell & Bates then came before the Selectmen. Ernie said basically there are two firms “in the running” for selection as Town Counsel. Attorney Mitchell said he’s part of a four-lawyer firm in Laconia, NH that strictly represents municipalities. He said their basic approach is “to keep it simple.” Walter said Selectmen want recommendations, not five pages of dissertation: just practical advise and to be kept out of court. He said his firm consists of experienced litigates in their field. Attorney Mitchell said land use; employment issues and tax abatements are among their most common cases. He then listed his fellow attorneys: Timothy Bates, Jay Whitelaw & Kevin Chisholm. He said he’s been partnered with Tim Bates
for 7-8 years now and municipal law is their strict focus. Walter said they see the same problems over and over again, which means cases don’t require as much or as frequent research. He said he sees his firm as a pretty efficient operation, with four attorneys and one staff member. He said it also makes for low overhead. Gerry asked Attorney Mitchell if he feels it would be positive or negative to know the people of a community one represents and Walter said there would be no conflict of interest with his firm, since none of them is familiar with Farmington. He said the disadvantage is if Farmington needs to have an attorney able to walk into its doors a few times a week, then his firm cannot oblige, but he knows that Attorney Krasner probably could. Walter said if he lived in this community he would/could be biased, it’s simply human nature. Barry asked about the costs for services and Attorney Mitchell said his firm has flat
monthly fees with some towns (those for whom it works) and for others they do not. He said the monthly retainer covers general matters, but not special projects or litigation however. He said Town’s often prefer the monthly retainer for budgeting purposes. Walter then gave an example of how a monthly retainer did not work well with a particular town that had hired a new Town Administrator, who needed services daily. He said then upon his leaving, the town was prepared to budget for legal expenses and the new Administrator didn’t require such extensive service. Walter said it is his recommendation to begin on an hourly basis, until a track record established before the decision is made as to whether or not to change to monthly retainer.
Attorney Mitchell explained how some form of review is important whether or not 2-4 months or 6 months, but it is important. Matt asked if there would be a separate fee for secretarial work. Walter said no. Matt then asked if Attorney Mitchell would be the principal contact and Walter said no, probably Tim Bates, who lives in Wolfeboro and which would be convenient. Walter Mitchell said constructive criticism from the Board of Selectmen/Administrator is important too. Joan asked if Mitchell & Bates representing 50 municipalities might mean spreading themselves too thin. Walter said no, and that’s why they hired the fourth attorney. He said the approach is not to make everything into a big deal; the Town wants to stay out
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of trouble within reason. He said his firm thinks of themselves as problem solvers, keeping as much as possible uncomplicated. Joan asked if his firm prefers to settle out of court. Attorney Mitchell said this is only one consideration of many factors. Ernie asked if the hourly rate works best and Walter said it seems to work best. Attorney Mitchell said he only has retainer agreements with four other clients. Ernie said the Board doesn’t have to make a decision tonight, but he does want to mention that when the Town of Farmington retained legal counsel on an hourly basis, they spent less money than the cost of a monthly retainer fee. He said the last two years have been so volatile it could now be difficult to determine the best route.
Both Joan and Matt suggested that Ernie check the references for Mitchell & Bates, in particular contacting former Farmington Town Administrators, Mark Decoteau and John Scruton.
Farmington resident and junkyard owner, Mr. Harold Butt came before the Board of Selectmen next regarding the fact that he is a junkyard owner in Town, wondering about the Board’s decision to renew his license. Ernie explained to the Board that Mr. Butt currently holds a junkyard license with Farmington. He explained to Mr. Butt that the CEO, Paul Charron is currently on vacation, but arrangements could be made for him to inspect the site and review the new junkyard policy with him. Mr. Butt explained how his junkyard is not an active one. Ernie said as part of the procedure, what would happen is the Selectmen would now be holding public hearings regarding renewals.
Ernie then told the Selectmen he was in receipt of a check in the amount of $ 34,000 from Ron Howard for the purchase of Lot 22-6 in the SGBP. He said this check would go into escrow for the period of one year.
Barry asked about the portico out in the front of the Municipal Offices building. He said it appears to need some work, particularly since the front steps are now complete. Ernie said this would need to be budgeted for. He said iron railings are needed out front also, both on the stairs and on the handicapped accessible ramp. Ernie said the estimate for the Town Seal is forthcoming also, noting the continued need for a new sign out in front of the Municipal Offices building. The Board asked him to put together the cost for all of these items.
The meeting then adjourned.
Respectfully submitted,
Lynn C. Seaboyer
Admin. Asst.
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