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Board of Selectmen Meeting Minutes 08/25/2003
FARMINGTON BOARD OF SELECTMEN’S
MEETING MINUTES
AUGUST 25, 2003

Attendance:  Joan Funk, Chairman, Gerald McCarthy, Barry Elliott & Matthew Scruton
Staff:  Ernest M. Creveling, Town Administrator, CEO Paul Charron, Dale Sprague, Director of Water &
          Waste Management & Fire Chief Randall (Ky) Goslin

The meeting convened and was called to order by Chairman Funk at 6:00 p.m.
Minutes
Barry Elliott made a motion to approve the minutes from the August 11, 2003 public hearing.  Joan Funk seconded the motion and the vote was unanimous.  Barry Elliott motioned to approve the regular public session minutes from August 11, 2003.  Joan Funk seconded the motion and the vote was unanimous.  Joan noted the need for a grammatical correction on page two of the non-public session minutes from August 11, 2003 as well as a syntax correction in some wording.  Barry Elliott made a motion to approve the non-public session minutes from August 11, 2003, as amended.  Matthew Scruton seconded the motion and the vote was unanimous.
Public Comment
Packy Campbell, Farmington property owner and part owner of RSA Development came before the Selectmen.  He said he received a call from the Town offices today notifying him the gate at the end of the private road, belonging to his property interest at Farmington Ridge Mobile Home Park (MHP), is unlocked and open, asking that he close and lock the gate.  Packy said he’d rather not have the gate locked, noting problems in the past with the Fire Dept. losing the key to the gate and expressing his concern about the safety to his park residents.  He said the gate key and locking mechanism were removed in order to facilitate ease in emergency access.  Packy said there have been problems with snow removal in this vicinity too, saying the Town plows one side of the gate and the park plows the other side, both leaving residual snow piles which impede emergency access even further.  He said the gate is not serving its function.  Packy said he understands the long-time agreement is contrary to this, but said he’s done traffic studies, which can be confirmed, regarding the prospect of further development of the mobile home park.  He said the residents of the park have expressed their concerns about Winter Street residents utilizing the private road and/or dumpster, but he feels the lack of access to this roadway put the park residents in more danger and feels this outweighs their concerns.  Packy said if there are three choices of exit access, one to Lone Star Avenue, one to Winter Street and the other via Dick Dame Lane; then for the purposes of traffic flow and safety, the gate should be left open.  Fire Chief Ky Goslin said he too believes the gate should be removed, explaining how the gates were supposed to be plastic, for ease in emergency access with fire trucks and now the gates are steel and the trucks cannot crash into them in an emergency, without damage to fire department vehicles and equipment.  Barry said Packy makes a good point and the Selectmen really need to review the situation further, due to pending development in this neighborhood.  Both Joan and Barry agreed this should be investigated, particularly since the original agreement required the gate and the Board couldn’t simply approve of its removal without delving further into the matter.
Packy then brought up the issue of the cost of impact fees for further development of the park.  Joan said this is a whole other issue.  Packy said he’s willing to work with the Selectmen concerning the gate, if the cost of the impact fees is addressed.  Joan asked Packy for time to research the issue concerning the gate, before a decision would be forthcoming.  Gerry said he believes the issue belongs with the Planning Board and both Barry and Ernie agreed.  
Old Business
Rte #153 & 11 Intersection Redesign
N/A
E 911
CEO Paul Charron said the maps from the State are not yet ready.  He said Mike Kelliher of the Bureau of Emergency Communications would not commit to a date.  Joan asked Paul what this does to the implementation of E 911 and Paul said it moves the date to next year (2004).  Ernie asked the Selectmen if they are willing to meet once the maps are received and the Board unanimously agreed they would be available.  Packy asked if the numbering of Farmington Ridge MHP has been corrected and Ernie said

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when Farmington receives the revised map from the State, then further corrections can be made.  He said he’d contact Packy when the maps are received.  Packy noted the need to continue what is known as Winter Street, straight through the MHP, since this would be in keeping with E 911 requirements.  Packy then noted the issue with what is known as Cardinal Hill Road.  He also alluded to what he believed to be illegal actions on behalf of the Town’s Boards and Gerry took issue with Packy’s claim.
LWCF 500 Boys & Girls Club Ball fields Project
Ernie said Pike Industries has extended the closing date of the property for the ball fields to September 12, 2003.  He said there is debate going on between Pike and the 500 Boys & Girls Club regarding the work to be performed by Pike.  He said the cost to prepare the site and to bring the elevation down to the plans will cost over $100,000, Pike is only donating $15,000 and the remaining cost is still quite high.  Barry asked if this has anything to do with the deed transfer and Ernie said yes, if the Boys & Girls Club doesn’t agree to the terms, they might not want the land, so yes, it is pending.  Gerry said the lot line has changed, to be closer to the Pokomoonshine River, in order to avoid most of the ledge at the site.  Ernie said Ben Halbrich of the State of NH Dept. of Resources and Economic Development (DRED) almost halted the project, due to the difficulty with certain outside sources.  He said too one particular individual continually brings up many issues at the last minute.  Ernie said to date; the project has taken a lot of time and cost for legal work. He said he’s meeting with the project surveyors tomorrow and would know more then.  Ernie said he wouldn’t know the entire picture until all three parties come to agreement.
New Business
Fire Dept. Alarm System Proposal
Fire Chief Goslin said the original quote for the system was $40,000 (3 years ago) and he spoke with the vendor recently and it was increased to $60,000.  Ky said he has managed to get the cost back down to the original $40,000, since then.  He asked for the Selectmen’s approval to proceed with the bid award and the installation of the alarm system.  Joan asked if any other companies provide this type of product/service and Ky said this particular issue has been going on a long time (over the last three years).  Barry asked how much money is in the budget and Ernie said there is $45,000 in Capital Reserves.  He then wondered is any sending units are included in this cost and Ky said he could perhaps negotiate this, but the current proposal is for one receiver unit in the Fire Station.  Gerry wondered if Ky had contacted all the affected Master Box businesses and building owners, informing them of the costs involved to connect to a new alarm system.  Ky said he would contact them after the Selectmen’s approval.  Gerry asked what if they don’t wish to participate and Ky said they wouldn’t have a choice.  It was determined the cost to connect would be $1,895 for installation, $495.00 for an antennae and then $65.00 annually for maintenance.  Discussion ensued regarding the reduction in the cost of insurance to all participating Master Box holders.  Ky said it’s about time Farmington joined the 21st century.  He explained the problems with Collins and Aikman’s alarm system.  He said the departments system indicated all was well with the alarm, however Collins & Aikman’s system indicated it was non-functional.  He then noted problems with the alarm system for Orchard Circle Apts. too.
Gerry asked what other vendors originally bid on the project and Ky said this was three to four years ago and he doesn’t remember, asking the Selectmen why wait another 3-4 years.  Joan asked why this would take so long to receive additional current bids and Ky said they take forever.  Gerry said the system proposal should go out to bid again and all Master Box holders should be notified of the cost prior to installation.  Both Joan and Matt expressed concern about the fact there is no date on the bid presented this evening.  Barry asked how many other bids were originally received and Ky said only one other.  Matt said he certainly doesn’t want to see another three years go by, but the Fire Dept. should perhaps put out another RFP, this time with a deadline for response.  Barry agreed, saying the installation date could be specified on the RFP too.  He said Master Box holders could also be told, if they sign up together they could save money on the cost of the installation.  Joan said Ky needs to make sure the RFP includes all the same specifications as the proposal presented this evening. Gerry offered to provide Ky with some additional vendor names.  Matt asked Ky how many vendors are available and Ky said he has no idea.  Matt said this isn’t the Selectmen’s field of expertise and said Ky would need to take responsibility for determining the best product/service/bid.  Gerry said the Fire Dept. also needs to send letters to all those who’ll be affected by this cost.  Barry agreed.  The Selectmen said Ky could work with Ernie on a new RFP.  Joan asked if this is the only system available and Ky said no. Ernie explained how long it took to resolve the problem

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with the current alarm system at Collins & Aikman, saying it has been a nightmare maintaining this old system.
Interim Growth Management Ordinance(IGMO)
Ernie said the Planning Board met last Tuesday with Town Counsel to discuss the Special Town Meeting.  He said if the meeting is held on September 30th, 2003, there are some issues to be addressed.  He said the question is:  is there really enough reason to enact the IGMO.  He said at this point the Selectmen really need to hold a Special Town Meeting, but said they will also need to schedule a special informational public hearing(s) in order to answer any questions prior to voting night.  He said there’s no call to have a traditional Town Meeting for the informational night, suggesting the Selectmen schedule a joint meeting with the Planning Board on the Thursday before the Special Town Meeting.  Ernie then presented a time line schedule to follow between now the Special Town Meeting, listing all the necessary requirements to be met.  He said perhaps Metrocast could broadcast the joint informational meeting/hearing live, in order to reach those voters who do not or cannot attend it, but wish to cast an informed vote the night of the actual Special Town Meeting.  Ernie then read Town Counsel’s advice concerning the implementation of an IGMO.  He said September 25 could be the date for the informational public hearing and he feels it would provide an opportunity to educate the voters.
Planning Board member, Charlie King said the Planning Board recommended holding a public informational hearing.  Packy Campbell disagreed with Town Counsel’s advice.  He then passed out information contrary to the advice.  He said whether he challenges it remains to be seen.  He said the Selectmen should consider “killing” this proposal for the IGMO.  He said the Planning board was given misinformation, hence their decision to bring the IGMO forward.  Ernie said in terms of Farmington, the local legislative body has to determine this, not the Board of Selectmen.  Packy said this is really going to be decided by special interest groups, those who can rally the most support.  He said the Selectmen and the Town of Farmington shouldn’t fund bringing this decision before the voters.  Packy then presented rebuttals, which mistakenly state that the Master Plan hasn’t been amended since 1998, when in fact the Master Plan was visited just eight months ago in the year 2002.  Gerry said only certain aspects of the Plan were amended, the entire Master Plan wasn’t revised.  Matt said Packy didn’t need to go through all his findings and facts.  He said he agrees that Packy brings up good points, but said he feels Town Counsel’s recommendations, although contrary to Packy, should be followed.  Packy reiterated that he disagrees with the advice given and then provided detailed fiscal analysis.  He said there is no “unusual situation requiring prompt attention”, requiring the action of an IGMO.  He said this is just another blatant false statement.  He went on to say he has a problem with anti-growth in Farmington and the illegal activity on behalf of the Town’s boards and committees.  Joan interjected saying, the decision is now going before the voters of Farmington.  Gerry asked Packy what illegal action was taken and Packy said he put forth a subdivision plan, which took him 22 months and has personally witnessed a pattern of behavior between the Planning Board, the ZBA and the Conservation Commission.  Joan Funk made a motion to accept the timeline presented to the Board by Administration for the Special Town Meeting and hereby accept the date of September 30th for the meeting date and the date of September 25th for the public hearing. Gerald McCarthy seconded the motion and the vote unanimous.  
Charlie King asked who would structure the public hearing.  Ernie offered to mediate the joint meeting prior to the Special Town Meeting and said he would put together a format to follow.  Joan said the TC/TC could perform this function.  Barry said the Town Moderator would most likely handle Special Town Meeting.  
Other Business
Stormwater Grant
Dale said he put together a small grant for the mapping of the Town water/sewer system.  He said the grant amount is $6,850 with “in kind” match.  He said some of his department employees would take a few courses on September 11th and another later in the fall.  He said the courses must be completed by December 30th, 2004. He then asked for the Board’s signatures on the grant agreement.  Barry Elliott made a motion to accept the 2003Coastal Illicit Discharge Elimination and Municipal Storm Sewer Mapping Grant.  Matthew Scruton seconded the motion and the vote was unanimous.  
Joan asked when courses are taken is there ever any feedback provided to the Selectmen regarding what was learned?  Dale said no, not traditionally, but he certainly could.  Joan said she would like to see all departments, including Administration provide feedback to the Board, after classes are completed.  

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Septage Disposal Lagoons-Permitting, Etc.
Dale said he has received several complaints concerning unfair access to the Town’s lagoons, by a particular septic hauler.  He said the Town needs a better “mousetrap” for disposal.  He said he doesn’t know if this is something the Selectmen even want to address at this time.  Dale said basically septic disposal works on the honor system.  He said the haulers visit the Farmington landowner and then pay for a permit for each property owner.  Dale said there is no control, at this time for where the material really comes from.  He said one local hauler has had a key to the landfill lagoons too.  Dale said perhaps the property owner should file for the permit, complete the permit application and pay for it at the Town Hall and then call their hauler for pumping.  He said right now there is really no way to police the disposal.  Barry said Farmington should charge the same as other communities and this could help to prevent/deter outside disposal.  Dale agreed and said yes, the Town could charge more, noting another key issue is the key which this local hauler is in possession of.  He said the Town needs to take the key, give a key to all the area haulers or install a keypad. Matt said he would like to see all the vendors treated the same.  Dale said if he takes the key away there would surely be repercussions.  Charlie King asked if there is a scale at the lagoons and Dale said no, not at this time, but there may be in the future.  Barry asked what the current fee structure of other communities is and said the local hauler has personally admitted to him that he disposes of material from out of Town.  Joan suggested checking what other areas charge.  Barry said if Farmington doesn’t raise their fee, it would be unduly inundated with outside septic waste disposals.  Dale then showed the Selectmen the information that is currently missing from the septic permit applications, which he believes should now be included.    
Veteran’s Exemptions
Chairman Funk mentioned that the State has increased the Veteran’s exemption amount which is now to be between $500.00-$1,000, based per valuation.  Ernie said this would have to go before Town Meeting voters before it can be approved and Joan said it should appear on the Town Meeting warrant.  Barry expressed some concern about creating more work and Ernie said it really wouldn’t be as difficult as it might seem and that he could provide some examples for the Selectmen if they would like.  
Joan then asked about the Rizzo property donation proposal, in lieu of the pending current use penalty tax.  Ernie provided the Board with information from the Town’s Assessor.  He said the summary says this would not be such a good deal to Farmington, but if Farmington could obtain access to other lots as well, then it would be a better deal to consider.  Charlie King offered to provide detail concerning this proposal.  Joan asked if the preferred proposal has been presented to Mr. Rizzo and Ernie said no, not yet.  Barry wondered if the Board of Selectmen need to take action on this at this time and Ernie said they could, if they so desired vote on a counter offer proposal.  Barry Elliott made a motion that the Farmington Board of Selectmen would accept a donation of lot #’s R61-1 & 22 (see the attached Assessor’s summary).  Matthew Scruton seconded the motion and the vote was unanimous.
CEO Paul Charron asked the Selectmen for their signatures on a Private Road Acknowledgement for a building permit application, which they already approved.  Chairman Funk then requested the meeting adjourn for a brief recess of five minutes (7:50 p.m.)  The meeting reconvened at 8:05 p.m. and Chairman Funk then requested the Board adjourn to non-public session pursuant to NH RSA 91-A:3 (III).  Chairman Funk motioned to enter non-public session in order to discuss personnel issues.  Matthew Scruton seconded the motion.  The role call vote was:  Gerry-yes, Barry-yes, Joan-yes & Matt-yes.  The motion passed.  The time was 7:55 p.m.  Public session adjourned.
Public session reconvened and Ernie informed the Board he received a compliment from the Wingates of Meaderboro Road regarding the prompt response from the Police dept. concerning their complaint about youth speeding on Meaderboro Road.  He said Parks & Recreation Director, Kerry Mucher has been awarded the 2003 Outstanding Recreation Professional and will be presented her award at their annual conference.  Matt suggested drafting a commendation for Kerry. Ernie then said that Primex also commented on the improvements to safety addressed by Kerry Mucher.  
Ernie said Joan asked about unlicensed campgrounds in Town.  He then presented the CEO’s recommendation on how to handle these, as well as an excavation permit for Joseph Petrie, for which there should be a permit for each lot versus the single permit Mr. Petrie currently holds.  Matthew Scruton motioned to adjourn.  Gerald McCarthy seconded the motion and the vote was unanimous.



Selectmen’s Minutes -08/25/03-Pg. # 5

Respectfully submitted,

Lynn C. Seaboyer
Admin. Asst.


APPROVED


____________________________
Joan A. Funk, Chairman


____________________________
Gerald McCarthy


____________________________
David Hall


____________________________
Barry Elliott


____________________________
Matthew Scruton