FARMINGTON BOARD OF SELECTMEN’S
MEETING MINUTES
APRIL 28, 2003
(Public Session)
Attendance: Chairman Joan Funk, Barry Elliott, Gerald McCarthy, David Hall & Matthew Scruton
Staff: Ernest M. Creveling, Town Administrator
The meeting convened and was called to order at 6:05p.m. by Chairman Funk. Joan said tonight’s agenda includes appointments to Boards and Commissions. She began with interviews for the Planning Board, noting the number of vacancies. She then invited Troy Robidas to come before the Selectmen. Joan asked Troy why he is interested in serving on the Planning Board. Troy said he has served on the board for the last three years and has also worked on the revision of the zoning ordinances and the Master Plan. Gerry McCarthy congratulated Troy on his three years of past service and said he approves of Troy’s reappointment.
Barry asked Troy where he sees the town of Farmington heading and Troy said he agrees with Barry’s platform of the need to have more businesses in Town. He said there is the potential of 30 new homes on his road alone and he doesn’t want to hold growth down, but wants to see proper growth in Town within the framework of the Master Plan. Barry asked what Troy feels the Planning Board should be concentrating on and Troy said they need to work on the development of future planning. He said changes are necessary, particularly a lot of zoning changes. Joan thanked Troy for his desire to continue his service.
Joan then called Brad Anderson forward to be interviewed. She asked Brad why he desires reappointment to the Planning Board and he said since 1999 he has tried to get involved, noting merely as a citizen it was nearly impossible to assist. Brad said in terms of regular planning, assisting as a citizen was virtually impossible. He said he is interested in retaining community character and his greatest interest is in planning, not in site review. Brad said his interest is tied to conservation, planning and community development. He said he envisions Farmington as a prosperous and livable community with community character. Gerry asked Brad how the Planning Board is working, as far as decisions and Brad said decisions are distributed across the entire Board and the Planning Board needs a quorum
to vote. He said individuals do have the ability to help fellow members better understand/evaluate situations.
Gerry asked if the Planning Board is best served and productive when it has a broad spectrum of opinions and visions. Barry Elliott then asked Brad where he sees Farmington in the future and Brad said his vision follows along with the Master Plan, although some points, he disagrees with. He said the Master Plan is a five-year plan,with changes occurring as time goes on. David Hall said a fine balance of growth between residential and business is best. Brad said a balance is murderously difficult to obtain and he then referred to the two “home-grown” businesses such as: Three Phase Line Construction and Seneca Machine and how these are the best types of businesses to promote.
Matt Scruton asked Brad what he believes is the biggest challenge facing the future of the Planning Board. Brad said the problem is there are problems with the zoning regulations and the Planning Board needs to get their “ducks in a row” and needs to work on changes to the Master Plan. Barry asked Brad how he sees his role in planning; noting the word around Town is it’s tough to get issues through the Planning Board. He said there seem to be delays, hold-ups and problems. Brad said he knows some members of the Planning Board want to see him reappointed and some do not. Brad said real estate developers have expressed problems with applications passing through the Planning Board. He said the Board has “rotten tools” to work with. He said it’s
frustrating for the Board too, noting interpretation is different for everyone.
Gerry asked if it’s negative for a Planning Board member to have developers upset with certain members of the Board and Brad said Farmington is at a point now where property prices are lower in this area and it’s fertile ground for development. He said there will be more and more applicants “trying to find the holes in the ordinances and there are millions of holes”. He said these developers will be “pushing the envelope”. Gerry agreed with Brad. He said all towns are facing these issues today. He then commended Brad for his work on the Planning Board. Brad said in an ideal world the ordinances would state what the citizens of the Town of Farmington want now.
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Joan asked Brad if having a planner has been helpful and Brad said yes, but the planners’ interpretation of the ordinances has its’ problems too, but he can help to point out where changes are needed. Matt asked Brad about his interests in conservation, as affecting his work on the Planning Board. Brad said his knowledge of conservation merely provides a planning tool for the board. Brad was thanked and dismissed.
Chairman Funk called Charlie King before the Board for his interview for the Planning Board. She asked him why he’s interesting in serving as a full board member. Charlie said he’s been an alternate since last fall and has enjoyed serving. He said Farmington is facing a lot of challenges and the Planning Board is now more pro-active versus reactive. He said he still has a lot to learn regarding zoning ordinances and RSA’s, but he would like to continue to serve on the Planning Board and continue to learn. Gerry asked Charlie what part of conservation should be considered into the zoning ordinance changes and Charlie said, in all honesty, this is out of his range of expertise, but he feels a broad range of views is important to the Planning Board. Charlie said the board needs
a balanced representation of broad views. He said the board is in the process now of addressing zoning issues as they pertain to adult entertainment as well as developing private road standards. He said the Planning Board must consider the citizens of Farmington and he feels the need to become more active in assisting Farmington in its new direction. Barry asked Charlie where he sees Farmington ten years from now. Charlie said if the board does their job right, Farmington will be wonderful, but if they don’t, Farmington could end up like Barrington. Charlie said he would like to see growth, but not at the expense of the taxpayers. Barry asked Charlie how he feels about economic development in Farmington and Charlie said he’s new to Town and hasn’t seen a lot of growth, but he doesn’t believe it’s the “golden egg”. He said he’d like to see more even development and right now there appears
to be too much residential and not enough business growth. Charlie said changes to the zoning ordinances would help to determine the direction Farmington heads.
David asked Charlie if the changes would help to bring in business and Charlie said Farmington needs to be proactive and to bring in business, but to remain strict in compliance, where it matters. Matt asked Charlie what he’d do to work to improve the relationship between the community and developers and Charlie said the number one priority is to put self interest aside and to work to serve one’s community. He said board members need to agree to disagree, noting due the inappropriate tools, the Planning Board has been faced with controversies. Charlie was thanked for his input and was dismissed.
Ann Alexander was called before the Board of Selectmen next to be interviewed. Joan asked Ann why she wants to be appointed from an alternate to a full board member to the Planning Board. Ann said she has served as an alternate since December and feels since she plans to live in the community for the long term and would also like to see Farmington work toward the goals of its Master Plan, she feels the need to do what she can to help make Farmington a wonderful community to be proud of. She said she worked in Manchester on the re-work of their Master Plan and learned a lot in the process. She said she also attended a conference sponsored through the State of NH Office of State Planning (OSP) on the subject of planning and said it was very informative. Barry Elliott asked where she sees the
Town of Farmington in ten years and Ann said she sees tremendous growth, which needs to be directed; particularly since growth in inevitable, but needs not stagnanate growth, placing the burden on the taxpayers. Ann said the process should have begun years ago, but that is “water under the bridge” now. She said at least the Town has the assistance of a professional lanner now. Ann went on to say, growth is the lifeblood that gives a Town vitality.
Barry noted that 12 people have applied for three available seats. David asked Ann how outdated the ordinances are and Ann said some of them seem current, but some seem to be very outdated. She said what needs to happen first is prioritization of what revisions are needed most, particularly since so many of the ordinances need re-work and since only so many can be addressed annually. Ann said certain ordinances were taken from other communities and used as a “stop-gap”, but now the ordinances need to be form fitted to Farmington. Matt asked Ann what her priorities are and she said another concern is to ensure the protection of the water in Farmington. She said Farmington sits on an ample supply of water, but must be cautious not to contaminate it. Ann expressed her willingness to serve
as a full board member or to continue as an alternative.
Don MacVane was not present for an interview. No interview occurred.
Paul Parker was next to be interviewed. Joan asked Paul why he wishes to serve as liaison between the ZBA and the Planning Board and Paul replied that he feels this is an important position to maintain. He
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said this keeps both boards informed of the others work and helps to keep the lines of communication open. He said he’s served at least six years on the ZBA and feels to be a liaison, would be a natural progression for him. Gerry asked Paul if he wants to serve as a Planning Board member or a ZBA member and Paul said he wasn’t sure what the proper position for him to have applied for, noting he leaves this to the wisdom of the Selectmen. Gerry wondered if an alternate position were available on the Planning Board, saying he feels the Planning Board experience would be helpful to Paul to serve as liaison. Paul said he’s interested in whatever way he can serve Farmington. Barry asked him where he sees Farmington in ten years and Paul said for Farmington to maintain its rural
character. He said he hopes in ten years to work to achieve this and would hate to see Farmington become a bedroom town to Rochester. He said businesses brought into Town over the last few years have been great types, noting however if Collins & Aikman were to leave Town; Farmington would be in bad stead. He stressed the issue noted earlier about achieving a balance, which he said the Planning Board and ZBA would have to work hard to achieve. Matt asked what Paul would do as the liaison to improve the ZBA and Planning Board communication and Paul said prior work between the two has been productive and should continue. He said education for members of both boards is important too, such as those sponsored through OSP. Paul said he feels even the Selectmen should attend them. Joan asked Paul if he had anything he wished to discuss with the Board and Paul said in all his years of service on the ZBA he has never missed a meeting. Paul
was thanked and dismissed.
Joan then listed the vacancies for the Zoning Board of Adjustment (ZBA). She called forward applicant Randy Orvis and asked him why he wished to serve on the ZBA. Randy said it had come to his attention the ZBA hadn’t had a full board for some time and he said he is interested in assisting. He said applicants to the ZBA have a right to a full board. Barry asked Randy how he felt about this presenting any conflict of interest, since Randy is a surveyor. Randy said he sees no conflict and went on to say if he there were ever a situation where conflict would come into play, he would step aside.
Applicants to the Conservation Commission were next to be interviewed. Joan called Jill Tozier. Brad Anderson said Jill had contacted him to say she would not be able to attend tonight’s interview due to a death in the family, but would still like to considered to serve on the Commission. Joan then called Brad forward to be interviewed. Brad said he wants to continue to serve on the Conservation Commission because of all the work that remains to be done, such as management plans for the Town lands, completion of the creation of a natural resource inventory, land conservation projects and continuing to generate land protection. Brad said the commission hasn’t received a lot of applications until recently, so the commission has had the time to work more in depth. Gerry commended the
work of the Conservation Commission. Brad spoke about the process of obtaining 1500’ of frontage on the Mad River, which now belongs to Farmington. He said he’s made Farmington his job, in order to assist the Commission, noting his work in conservation is not why he’s interested in serving on the Planning Board. David agreed with Gerry that Brad has done a good job and he too thanked Brad for his efforts.
Joseph Gaudette was next to come before the Selectmen. He said his wife, Marnie also applied to serve on the Conservation Commission, but had another obligation with the 500 Boys & Girls Club this evening and was unable to be present for an interview. Joan asked Joseph why he’s interested in serving on the commission and he said he lives in Town, has a family and wants to protect the headwaters. Gerry thanked him for his willingness to serve. Barry asked how Joseph sees conservation as it pertains to growth in Farmington and Joseph said he wants to assist in the development process and to see the effects.
Susan Ducharme was another applicant interviewed by the Board. Joan asked her why she wished to serve on the Conservation Commission and Sue replied that she’s lived in Town since 1979 and estimates to have spent thousands of hours in the woods and the outdoors of Farmington. She said she wants to ensure the preservation of lands and wants to ensure that development occurs responsibly. Sue said she lives adjacent to the Cocheco River and said the protection of the water in Town is very important. She said she has considered leaving Farmington, due to the recent growth and feels the need for a balance of growth and preservation. Gerry said he hopes she is aware of just how much volunteer time is needed to serve on the commission, and how hard the current volunteers work. Sue said she
works hard herself as volunteer for the Acupuncture Assoc. and believes very strongly in keeping commitments. ‘
Randy Orvis was called forward for his second interview: this time for the Conservation Commission. He said it has come to his attention that his term had expired last year and he didn’t even know. He said he only remembers being sworn into office back in 1988.
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Bob Moholland came before the Selectmen and said he worked on the Conservation Commission for two years, a little while ago, then stepped down for a time, due to personal reasons and now would like very
much to be active again. He spoke about how he enjoyed participating in the cleanup of the Mad River and River Road and the fundraising through the sale of t-shirts. He said he enjoys serving on the commission.
Craig Lancey was next to be interviewed. Joan asked Craig why he wishes to be a commission member and Craig said Bambi Miller of District, suggested that he apply. She said he seemed to have a thirst for knowledge in this area. He said it occurred to him he’s been involved with thousands of acres of land in Farmington as a real estate agent and now as a developer. He then spoke about the unique opportunity to touch thousands of parcels in this community. He then commended the work of the commission. He spoke of his knowledge of easements for tax savings, work with the NH Fish & Game and more. He said he feels he’ll often know first hand when land will come available and can then encourage conservation first. Craig said he could provide a preview of what development
could be like, which could be helpful. He said as a businessman in Farmington, he’s been working in a similar direction as the commission. He said he works as a conduit as a realtor and since the commission is an advisory committee he feels he’d be well suited. Gerry said in the last 1-½ years Craig has been in disagreement with the Conservation Commission and if he were appointed, how would he deal with the commission members. Craig said he has a positive relationship with Randy Orvis and Ed Mullen and then he spoke about one issue and how he worked to resolve it. Gerry reiterated his questions, due to tensions between Craig and certain commission members. Craig said it’s ones’ job to deal with a problem and then move on. Joan asked if Craig had anything else he wished to tell the Selectmen and Craig noted years ago land behind his home was being developed and he was recently faced with some or all of the space
not being available to the public. He said it’s always important and necessary to work harmoniously, not only for ourselves, but also for our children.
The Board of Selectmen interviewed Peter Brym, sole applicant for the E 911 Commission next, Joan asked Peter why he wishes to serve on the E 911 Commission and Peter replied that he currently works for UNH, managing their telephone system. He said he feels his activities could be useful to the commission. He said he has a history with emergency and feels his experience comes together at a time when he could be very helpful to the Town. Joan asked if Peter had any questions for the Board or anything else he wanted them to know and Peter said he would like to know the current status of the E 911 process in Town, noting the Selectmen could inform him at a later date, time permitting.
Joan said the Board would be taking a five-minute break and would then reconvene to their non-meeting with Town Counsel. The meeting broke at 7:45 p.m.
The meeting reconvened at 7:52 p.m.
Bob and Randy Tallon, surveyors working on the 500 Boys & Girls Club project came before the Selectmen with questions regarding their direction, in order to keep the project momentum going forward. They said they wondered if the project plan even needed to come before the Planning Board for site review, since the bulk of the project is landscaping and the reclamation of an old gravel pit and since the Selectmen have already approved of the project along with the Town having also voted in support. Gerry suggested setting up a meeting to work on this. Bob Tallon said the project is on the fast track right now. Gerry asked him to work further with the Town Administrator on this before proceeding any further. They agreed to meet with Ernie on Wed., April 30th at 1:00 p.m.
Barry said in mentioning bypassing the Planning Board, there are still legal issues involved and perhaps this plan should still be brought before them. The Tallon Bros. offered to provide copies for Planning Board review, reiterating it is just a landscaping project, but they certainly do not wasn’t to circumvent the Planning Board. Barry said abutters to the project should be informed. Copies of the plans were provided to the Selectmen.
The meeting adjourned to the non-meeting with Town Counsel. It was 8:15 p.m. The Selectmen’s meeting
reconvened at 9:10 p.m.
Minutes
David said he noted a correction needed for the March 31st public session meeting minutes. He said Walter Mills said he wasn’t opposed to the Casella proposal. David Hall motioned to approve the March 31st, 2003 meeting minutes, as amended. Joan Funk seconded the motion and the vote was unanimous.
David said on page # 6 of the April 14th public session minutes he also noted the need for a correction on the vote, stating Gerry’s vote was noted twice, once as in favor and one against. He said Matt’s vote was missing and should be noted as: yes and Gerry’s vote should be corrected to “no”. Matt Scruton requested
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the time be posted for entering and exiting public and non-public sessions. Barry said his motion to approve the withdrawl of $7,500 from the Leon Hayes Trust Fund for the ball should be stated as a motion to request the withdrawl of the funds, since the Selectmen do not have the authority to actually approve the withdrawl.
David Hall motioned to approve the April 14th, 2003 public session minutes, as amended. Joan Funk seconded the motion and the vote was unanimous.
David then noted another correction, this one for the non-public session minutes for April 14th. He said the correct number of police officers in the Farmington Police dept., including the Chief is 11. David Hall motioned to approve the non-public session meeting minutes from April 14th, 2003, as amended. Matt Scruton seconded the motion and the vote was unanimous.
Barry asked about policies for junkyards in Town, wondering if there were any in place and Ernie said no, but the CEO has drafted one for the Selectmen’s review.
Matt said there have been a couple of Police Academy graduates which he feels should be acknowledged for their accomplishments and commended for their graduation. The Board agreed a letter of acknowledgement would be appropriate.
Appointments to Boards & Commissions
Barry said he felt it important the Selectmen vote on the board appointments tonight, since it is important the Boards have adequate members in preparation for their next meeting(s).
Gerald McCarthy motioned to appoint Mr. Peter Brym to the newly formed E 911 Commission. Joan Funk seconded the motion and the vote was unanimous.
Barry Elliott motioned to reappoint Brad Anderson for a three-year term on the Conservation Commission, expiring in 2006. David Hall seconded the motion and the vote was unanimous.
Matt Scruton motioned to reappoint Jill Tozier for a three-year term on the Conservation Commission, expiring in 2006. Gerald McCarthy seconded the motion and the vote was unanimous.
Gerald McCarthy motioned to appoint Susan Ducharme to complete a vacant term, expiring in 2005. Barry said the Board should consider moving one of the existing alternates up to full board membership. Barry Elliott motioned to appoint Joseph Gaudette to complete a vacant term on the Conservation Commission, expiring in 2004. Joan Funk seconded the motion and the vote was unanimous. Barry Elliott then motioned to appoint Marnie Gaudette to complete a vacant term on the Conservation Commission, expiring in 2005. Matthew Scruton seconded the motion and the vote was unanimous.
Matthew Scruton motioned to appoint Susan Ducharme as an alternate to the Conservation Commission, expiring in 2006. Gerald McCarthy seconded the motion and the vote was unanimous.
Barry said he is torn about Craig Lancey’s application to the commission. Discussion then ensued regarding adding another alternate position to the commission and then appointing Craig Lancey to the newly added alternate seat. Joan Funk motioned to add another alternate seat on the Conservation Commission. David Hall seconded the motion and the vote was unanimous. Joan Funk motioned to appoint Craig Lancey to the newly adopted alternate seat on the Conservation Commission, expiring in 2006. Gerald McCarthy seconded the motion and the vote was unanimous.
Barry Elliott motioned to appoint Randy Orvis to full board membership on the Zoning Board of Adjustment, term expiring in 2006. Gerald McCarthy seconded the motion and the vote was unanimous.
Discussion ensued regarding the few number of members currently serving on the ZBA and the dire need for additional members.
Barry Elliott motioned to appoint Troy Robidas to the Planning Board, term expiring in 2006. Gerald McCarthy seconded the motion and the vote was unanimous. Gerald McCarthy motioned to appoint Brad Anderson to a full board membership seat on the Planning Board. David Hall seconded the motion. Discussion ensued. Gerry said he believes Brad brings forward much “food for thought” and he doesn’t want all the members of the Planning Board to look at the issues before them in the same way. He said he believes serving a total of six years on a board is sufficient and it is his hope to reappoint Brad Anderson from alternate seat to full board member. Joan agreed with Gerry, but said her concern is regarding conflict of interest with Brad’s strong
conservation beliefs coming before Planning Board decisions. She said she’s learned about his circumventing authority too. Gerry said he knows there’s animosity between Brad and Planning Board applicants, Packy Campbell and Craig Lancey. Barry disagreed with Gerry, saying Brad has a propensity to take issues way beyond the necessary and his interpretations are as he sees fit. He went on to say Brad constantly debates with the CEO and bogs down
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meetings, blowing issues out of proportion. Barry said in closing, the Planning Board should not be on the opposite end/side of an applicant. Debate ensued between Barry and Gerry regarding what’s been said.
Barry said Brad has pre-determined goals. He said he couldn’t tell of one single time when Brad has approved of any project without the placement of his own ideas, etc. Barry said the Planning Board needs to be friendlier to applicants, noting they seem to be working toward this with the contracting of a new planner. Barry said Brad is not well served in a position on the Planning Board. Barry said he doesn’t support Brad’s appointment. David Hall said he agrees with Brad’s appointment. Matt said it is a difficult choice for him, since there are so many qualified applicants. He said he agrees Brad is knowledgeable and helpful and appropriate to serve on the Conservation Commission, but not on the Planning Board, which he said is not the appropriate
capacity. He said he feels his perspective is more valuable as public input. The vote was two in favor: Gerry-yes & David-yes and three opposed: Joan-no, Matt-no & Barry-no. The motion failed. Joan Funk motioned to appoint Ann Alexander to the Planning Board, term expiring in 2006. David Hall seconded the motion and the vote was unanimous. Barry Elliott motioned to appoint Charlie King to the Planning Board, term expiring in 2006. Gerald McCarthy seconded the motion and the vote was unanimous. Gerald McCarthy motioned to appoint Paul Parker to fulfill the remainder of an alternate seat term, expiring in 2005. Barry Elliott seconded the motion and the vote was unanimous. Gerald McCarthy motioned to appoint Brad Anderson to fill the vacant alternate seat on the Planning Board, term expiring in 2005. David Hall seconded the motion and the vote was two in favor: Gerry-yes, David-yes and three opposed:
Joan-no, Barry-no & Matt-no. The motion failed. Joan Funk motioned to appoint Donald MacVane as an alternate to the Planning Board. Barry Elliott seconded the motion. Discussion ensued. David said Don should have been present for the interview tonight, as were all the other applicants. The vote was three in favor: Joan-yes, Barry-yes & Matt-yes and two opposed: Gerry-no & David-no. The motion passed.
The Board of Selectmen asked that openings to serve on the Downtown Committee and available openings on the ZBA be advertised in the Puddledock Press.
Brad Anderson returned to the Selectmen’s meeting and after learning the Board of Selectmen had voted to add another alternate members seat to the Conservation Commission told the Selectmen the state RSA’s may not allow this and/or the commission by-laws. He said the Board could be assuming authority. He said he would need to consult with the law and with the Town Administrator. He then asked if discussion took place regarding his appointment to the Planning Board while he attended another meeting and the Selectmen said yes, informing him he was not appointed to the Planning Board. Brad said he feels this will be a loss to the community in not appointing him.
Ernie then spoke to the Selectmen about his discussion with Ron Ciandella of Donahue, Tucker & Ciandella, Town Counsel for Farmington. He said Ron is still interested in Farmington continuing to retain their services. Ernie wondered if the Selectmen still wish to continue with the issuance of the Request for Proposal (RFP)and the Selectmen said they would still like to proceed with the publication of the RFP.
Gerald McCarthy motioned to adjourn. David Hall seconded the motion and the vote was unanimous.
The meeting adjourned at 10:00 p.m.
Respectfully submitted,
Lynn C. Seaboyer
Admin. Asst.
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