FARMINGTON BOARD OF SELECTMEN’S
MEETING MINUTES
APRIL 5, 2004
(Public Session)
Attendance: Chairman Gerald McCarthy, Joan A. Funk, Matthew Scruton, Paula Proulx, Paul Parker and
Student Selectman Brandon Laroche
Staff: Ernest M. Creveling, Town Administrator, Supervisor of Hwys & Vehicle Maint. Clark Hackett
The meeting convened and was called to order at 6:00 p.m. by Chairman McCarthy. He led everyone present in the Pledge of Allegiance.
Minutes
N/A
Correspondence
Ernie said as the Board is aware Maurice Rocheleau who wrote concerning the Reservoir Road received a letter. Gerry asked if any of his fellow Selectmen had comments concerning this letter. Paul asked what the schedule for road paving is and Gerry said it was tabled. Paul then wondered if a paving schedule should perhaps be re-drafted. Clark came forward to address this issue and said 2.5 additional miles of Meaderboro Road are planned to be paved this year. Joan asked him if he had read the letter and Ernie said he didn’t believe that Clark had read it. Paul then suggested that Clark be given a few minutes to read it. Matt asked Ernie if he’s familiar with the letter’s reference to a 1995 promise to pave Reservoir Road and Ernie said he was not sure, but said he would
investigate this further. Joan said if the promise falls within the ten year paving plan then Farmington is still in line with the plan. Matt said he knows the topic of dirt roads came up last year and perhaps it should be looked at again this year. Paul agreed. Clark said when he was originally asked to do a ten-year plan, all the Town roads were included. He said there have been some changes since then however. He then explained one problem referenced in the letter. He said this issue was only due to the large amount of rain we recently received over a short period of time. Clark said the other problem regarding the ditches and frozen culverts, he said is due to the small amount of snow we received this year, noting many area communities had similar problems this year. He said the water would melt during the day and freeze at night and then the ice would build up more and more. Clark said hydro-seeding might help if the Board
of Selectmen would like. Paul asked his fellow Selectmen to revisit the issue of gravel roads at a future meeting. He said if the Town is continually presented with the same troubles year after year, then they may need to think of paving. Matt said the Town could even consider paving only the troublesome portions. Paula said the Selectmen also need to look into the Master Plan too.
Public Comment
Planning Board member, Charlie King came before the board and said as far as the Town roads are concerned, perhaps Clark could provide what roads are requiring continual effort/maintenance.
Old Business
Route # 11 & 153 Intersection Redesign
N/A
Elm Street Retaining Wall
Clark said he contacted Ralph Sanders of the NH D.O.T. and informed him that Farmington has a loader available for use, in hopes of saving on the cost of equipment and manpower. He said the project would be completely done by the beginning of May. Gerry then expressed his concern about renting an excavator during a time when Clark’s dept. isn’t planning additional use for it. Clark said it is cheaper to rent by the month than by the day.
New Business
Clark said he’s received 3-4 phone calls regarding heavy trucks traveling on Dick Dame Lane for neighboring construction. He said the roads have been posted until next week for an eight-ton limit and said a yearly limit could be posted slightly higher than the current spring frost thaw limit. Clark said the developer could also post a bond, which would enable Farmington to fix the road. He said .04 of a mile at $34.00 per ton would mean a $30,000 bond should cover the costs. Clark went on to say the Selectmen
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have the authority to post a permanent 20-ton weight limit. He said in so doing, passage could only be granted by special exception, after which a bond could be issued. He said video footage could be taken preliminarily and then work when the work is completed, they could play back the video and compare the current amount of damage. Gerry asked Clark why is references a 20-ton weight limit. He said the heavier a load over the longer period of time, the worse the condition of the road would be. Paul wondered if Clark had taken into consideration all other roads. Matthew Scruton made a motion to post Dick Dame Lane for a 20-ton weight limit and to allow for special exemptions to be granted for heavier travel, until the posting of a bond is received. Paula Proulx seconded the
motion. Packy Campbell of RSA Development said he appreciates the time Clark has taken to address this issue. He said he’s the owner of the mobile home park and project now being discussed. Packy said communication with the Planning Board is needed concerning this issue, because he has abided by all the rules and regulations put before him. He went on to say this project centered on the interconnection of traffic with a connected network of streets. Packy said he’s been in touch with Clark about when the weight limits would be lifted. He said the Planning Board required traffic studies, etc. all of which he’s done. Student Selectman Brandon Laroche asked if the bond could be returned if RSA Development doesn’t use the road and the Board said yes. Brandon said it makes sense to request that a bond be posted, saying he sees it as security for Farmington. Packy said posting a bond costs him money. He said he doesn’t intend to use the road. Gerry asked Packy what he would
propose then, wondering why the Farmington taxpayers should be asked to pay to re-pave the road. Packy said a 30-year old road needs repair anyway. Paul said he wants to amend the motion to state, “may request a bond be posted.” He said he feels this would be fair. Matt said a bond requirement does protect the Town. Clark replied that he doesn’t want to dispute Packy’s statistics, but Dick Dame Lane was just done over in the late 1990’s and is now already showing wear from the heavy vehicles utilizing it. He said a bond is the assurance that the Town won’t have to come up with all the money needed to replace it.
Packy asked about heavy trucks in use by the oil company in Farmington, noting nothing additional is required of them. He said another company is A.J. Foss. who regularly uses Town roads. Charlie King said it’s important to give flexibility and to have the special exception given by the Selectmen flexible enough. Gerry said it would be the intent of the Board to authorize a representative to grant the requested special exceptions. The vote was unanimous on the original motion. The vote was unanimous on the amended motion as well.
Packy asked if he would have to come before the Selectmen in a few weeks when his bridge is ready. Chairman McCarthy said the Director of Highways & Vehicle Maintenance could authorize the exception. Paul said Clark spoke about videotaping the current road condition and he wondered who would tape. Gerry said Clark would be responsible for taping.
Board and Committee Appointments
Economic Development Commission (FEDC)
Paul asked to move up the revision to the Economic Development Commission (FEDC) by-laws, so that any applicant tonight would fully understand the revisions. He then recommended the removal of the line, which says, “The same person may hold two offices.” Gerry said the Selectmen’s representative is the Chairman of the Commission, but the Town Administrator has also acted as the meeting facilitator. Paula said one more thing concerning the by-laws was expressed at the last FEDC meeting. She said it was decided that a conflict of interest policy should be posted in the by-laws. Ernie said he has a boilerplate policy, which could be inserted and would assist in preventing any conflict issues. Matt said conflict of interest could be difficult to determine due to broad
business representation on the Commission such as: an insurance agency, a bank, etc. all of whom benefit from economic developmental growth. Paula said she is really only referring to direct benefit only. Joan wondered if this policy should apply to all committees and Paula agreed. Joan said a code of ethics should also be established. Gerry said membership to the FEDC was written to include general citizenry membership too, in order to these very issues before us tonight. Paul Parker made a motion to add a conflict of interest statement to the FEDC by-laws. Joan A. Funk seconded the motion. Paul said until one is actually available for review, the Selectmen should wait. The vote was unanimous. Gerry asked if State law covers such things as codes of ethics and Ernie said he would check. Joan then asked if the motion applied to all Boards and Committees and Paula said no, only the FEDC. She
said it was decided to ask all Board and Committee Chairmen to contribute such to their respective Boards too.
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Planning Board
The Selectmen said there were four applicants for appointment to the Planning Board: Norman Russell, Hiram Watson, Bob Talon and Jim Horgan. Charlie King said over the last 15 years, alternates have been moved up to full board, but upon application only. Bob Talon was the first to come forward for interview. He introduced himself, saying he has served on ZAMPS, has been a land surveyor for the last ten-plus years. He said he decided it’s time to sit on the other side of the table. Bob said he brings with him a lot of knowledge, which could be helpful to the Planning Board. He said he recently took a course on how to manage residential growth. Matt asked him if he had any time constraints and Bob said no, only the upcoming ball season with the 500 Boys & Girls Club. Paul
asked Bob is he has many surveying job that would require him to recuse himself from voting and Bob said currently he had no Farmington projects, but if he did he would recuse himself or would simply refuse the work in Farmington if it was too large. Bob said his main job is working for the State of NH Fish & Game dept., surveying only a sideline. Paul asked if Bob would have any objection for continuing his education and Bob said it is a required part of his surveying license. Paul said he feels it’s important volunteers avail themselves to educational opportunities when interest in sitting on any of the Town’s committees in an effort to serve one’s community. Gerry said two members of the Planning Board have asked for reappointment. Joan A. Funk made a motion to appoint Robert Talon to the Planning Board for a three-year term to expire in year 2007. Paul Parker seconded the motion. Matt said under the
appointment procedure guidelines, precedent is given to incumbents. He said he feels that both Jim Horgan and Hiram Watson should be appointed to fill the board seats open and slotted for year 2007 expiration and that Bob Talon be appointed to the remaining one-year term seat. Paul Parker disagreed. Paul said the Selectmen should consider the rotation of the Board to give others the opportunity to serve as well. Joan said she doesn’t feel the Selectmen can dismiss this kind of experience however. Paul reiterated his sentiment and Matt said no one is arguing that point. The vote was four in favor and one opposed. The motion passed. Matthew Scruton made a motion to appoint Hiram Watson to the Planning Board, for a three year term seat due to expire in 2007. Joan A. Funk seconded the motion. Discussion then ensued. The vote was two in favor and three opposed. The motion failed. Paul said another applicant is Norman Russell and since he has only served for the last 2-3
years, he feels it hasn’t been too long, noting Norm brings a lot of knowledge to the Planning Board. Paul Parker made a motion to appoint Norman Russell to the on- year term seat on the Planning Board due to expire in 2005. Paula Parker seconded the motion. Joan said this candidate resigned last year and while serving his term was absent a great deal. She said she feels this consideration is not also given to Jim Horgan, who has served 2-3 years as well. She asked to be enlightened behind Paul’s decision. Matt points out that more information regarding the appointment policy and procedure, which addresses prior attendance. Paul asked if matt had an attendance sheet regarding Norman’s absences and Matt said he has personally attended Planning Board meetings when this has been a problem. Charlie King came forward regarding Norm’s attendance. He said Norm was out of Town a great deal, but said he cannot
comment on his upcoming attendance. Charlie said he would hope if Norman makes a commitment to the Planning Board that he would plan to attend all meetings. He said Jim Horgan never missed a meeting. Paula Proulx said Norm personally told her that decisions are made due to political pressure. Joan questioned the truth of such a comment. Matt said he wished Norm was here to speak to this. Chairman McCarthy said the same rules were in effect last year as they are this year. Gerry said he witnessed improprieties within the Selectmen’s appointments last year. The vote was three in favor and two opposed. The motion passed.
Gerry asked if Jim Horgan might be interested in serving as an alternate.
Zoning Board of Adjustment (ZBA)
Tom Brennan came before the Selectmen for appointment to the ZBA. He introduced himself saying he has been a resident of Farmington for four years and is the single parent of two daughters. Tom said he’s currently a member of the Community Preservation Guild and wants to be active in his community. Paul said he has a strong feeling about members attending educational training and seminars and lectures as part of their service to the Town, wondering how Tom feels about this. Tom said he would be happy to attend. Joan A. Funk made a motion to nominate Tom Brennan to the year 2007 term seat on the Zoning Board of Adjustment. Paul Parker seconded the motion and the vote was unanimous. Paul Parker made a motion to appoint Margaret Russell to the Zoning Board of Adjustment to the
year 2005. Paula Proulx seconded the motion. Joan expressed concern about non-availability, as well as the possible conflict with
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one spouse sitting on the Planning Board and the other spouse on the ZBA. The vote was four in favor and one opposed. The motion passed.
Conservation Commission
Student Selectman Brandon Laroche said he originally applied as Student Selectman due to his interest in conservation. He said he feels he can make more of a difference serving on the Conservation Commission as well. Matt asked Brandon if he’d be available for meetings and Brandon said yes. Matt then wondered about Brandon going to college and his ability to continue to attend upon graduation. Brandon said he’s attending college locally and that is why he is applying for membership on the Commission. Matt said Brandon has done an excellent job as Student Selectman. Joan A. Funk made a motion to appoint Brandon Laroche to the Conservation Commission to sit in an available three-year term seat, expiring in 2007. Paul Parker seconded the motion. The vote was
unanimous.
Downtown Committee
Gerry said John Fitch, Tom Brennan and Brandon Laroche are present tonight, as interested applicants to serve on the Downtown Committee (FDC). John came forward saying there are never enough volunteers on Town boards and committees. Paul asked John what role he sees the FDC has. Paul said he’d like to see the FDC concentrate more on the economic vitality of the downtown versus their prior role with beautification. Paul Parker made a motion to appoint John Fitch to the Downtown Committee to fill a vacant seat with year 2007 term expiration. Paul Parker seconded the motion. The vote was unanimous.
Tom Brennan came forward as an applicant for the Downtown Committee. He said the committee has worked hard, but without Town funding. Admin. Asst. Lynn Seaboyer told the Selectmen that Walter Mills and Tom Huse have also expressed an interest in renewing their terms on the Committee. Paul said by holding off on the FDC applications, can then they can accept Walter and Tom’s appointments once they submit their applications. Brandon said he sees the Downtown Committee as a way to bring business into Farmington. Brandon said he feels they should look into other communities have worked to improve their downtown. Joan A. Funk made a motion to appoint Tom Brennan to the Downtown Committee to fill a board seat vacancy with a year 2006 expiration. Paula Proulx seconded the
motion and the vote was unanimous. Matthew Scruton made a motion to appoint Brandon Laroche to the Downtown Committee to fill a board seat vacancy with a year 2005 term expiration. Joan A. Funk seconded the motion and the vote was unanimous. Paul Parker made a motion to discontinue any further appointments to the Downtown Committee until the next Selectmen’s meeting in order to enable the Board to receive additional applications.
Economic Development Commission (FEDC)
Ernie said no major industry has submitted an application for appointment to the FEDC. Joan said the available positions should be appropriately advertised since open terms are for large industry. Gerry then recommended tabling this until the next meeting to enable Ernie to have time to contact anyone he feels might be interested to serve. Paula said there should also be some clarification as to the membership at this week’s meeting, before deciding. Gerry said he’d like to see the general public on the Commission with no business affiliation. Paula said this too was discussed at the last FEDC meeting. Ernie said the Selectmen could decide to increase the number of members as well.
Joan asked for a five-minute break. The time was 8:03 p.m. The meeting then reconvened at 8:15 p.m.
Cindy Paulin came before the Selectmen. She introduced herself, informing the Board she is a 15 year resident of Farmington. Cindy said if the Selectmen decide to increase and/or change the FEDC membership to include general citizenry. She said she works for the Rochester School dept. doing volunteer management and is versed in community development. Cindy said part of her philosophy is “there is no Santa at the State House” to assist communities in development. She said it must occur within the communities themselves. Joan asked her if she is also interested in serving on the FDC and Cindy said she also serves on ZAMPS and is a member of the Community Preservation Guild, noting she has a lot on her plate at this time. Paul commended Cindy on her extensive experience, but
noted that most of her experience is with education. Cindy said she feels education is integral to economic development and vitality, since employers look for an educated work force. She said she feels it is integrally tied to growth. She said she is currently working to bring continuing adult education to Farmington. She said she’s also attending a leadership course, which would be helpful in getting folks to work together. The Selectmen thanked he.
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Packy Campbell came forward to the Selectmen as an applicant to the FEDC. He said he’s attracted to serving on the Commission for several reasons. He said the early morning hours are a convenient time for him, noting that former member Paul Turner has continually tried to encourage him to serve. Packy said he feels the FEDC is the most important way for Farmington to diversify the tax base and to broaden the businesses and jobs in Farmington. He said he has a business and marketing degree and is a realtor and developer and also owns a Laundromat in Town. He said private individuals need to take initiative and said he also feels he is open-minded enough to serve. Packy said as owner of Jimmy’z Restaurant building, he’s a small business owner, one who also participates
in the community’s activities, as a resident of Town. He then spoke about the possible increase in the number of members to the FEDC. Packy went on to say he has a vested interest in how Farmington succeeds and he has experience too, as well as State resources he believes could be helpful, due to the fact that he is currently a State representative. He said if appointed as a member of the FEDC it would provide him with a better level of credibility too.
Gerry asked Packy about anytime he may have admitted to being wrong and then said he was only kidding. Gerry then asked him if he could really serve on FEDC; yet represent the best interests of Farmington, due to being an entrepreneur. Packy said he admits to being a source of controversy in Farmington, but wondered why no other applicant asked this. Packy said the Town of Farmington hasn’t always followed it’s own set of rules and regulations. Gerry reiterated his question to Packy about actually representing Farmington in an unbiased way. 0packy then spoke about his contributions to this community. Gerry said Packy is not answering his question. Paula said she too is interested in Packy’s answer. Packy attempted to explain how he feels he would benefit from any
work the FEDC engages in.
Matt said he believes Packy could offers a diverse opinion, which could be valuable to the FEDC and said Packy’s political clout could help Farmington look into some of the State’s resources.
Adult Business Ordinance
Paul said the adult business ordinance was inadvertently left off the 2004 Town warrant. He said he spoke with Town Counsel who gave some sound advice. Paul recommended this be submitted to ZAMPS for corrections and re-submission to the Planning Board for their approval.
Town Hall Voice Mail
Ernie said he would like to request the Board of Selectmen to use the phone system, for which it is equipped. He then explained how it could work. The Board then asked questions. Ernie then asked the Selectmen if Administration could try this for a few weeks to see how it works. Kathy Seaver explained how her office is repeatedly answering the phone for information other than the Town Clerk/Tax Collector information, particularly when her office employees are working with others at the counter. The Board of Selectmen agreed to try this. Gerry said he doesn’t believe it will be well received. Paula said immediate call back would be important.
Computer System Lease/Purchase
Ernie said the Town has Windows NT at this time, but now it’s time to upgrade. He said he’s currently working with two vendors, one being the current company the Town uses, DEVA Systems and one other company. He said he has a quote for a standard network solution, which would involve two servers and individual programming of all computers. He said the quote was $44,095, not including the cost of monthly support, of just over $8,000. Ernie said DEVA Systems has quoted the use of Citrix platform with two servers, which would not involve/require individual programming however. He said the cost would be $40,000, not including $8,500 for annual maintenance in quarterly visits.
Kathy Seaver then spoke about space problems with the current system. Paul asked about the capacity of current system and Ernie said the current system is at capacity, but he’s unsure without referencing the system information. He then offered to bring the Selectmen around the offices to show them the system. The Selectmen then briefly adjourned to view the Town’s computer system.
Kathy said an attorney has contacted Farmington as the representative of a former landowner concerning this 0person’s interest to re-purchase their tax-deeded property. She said this would be additional revenue of between $11,250 & $15,000 for a total cost of $75,000 to $100,000. She said this cost would include all back taxes as well. Kathy said by law the property must be available for re-sale to the prior owner, after deeding, for a period of three years. The Selectmen agreed to charge the full 15%, as allowed by the State.
The Board then returned the conversation back to the computer system upgrade award. Ernie said his recommendation is to award the contract to DEVA Systems. He said the proposal could be financed through
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Banknorth at a rate of 3.5%. He said after this he will be able to have more of a definitive plan for the C.I.P. Matt asked if both bids were comparable and Ernie said in some aspects, but one bid involves maintenance on each individual p.c., whereas the other involves only having to require server maintenance and would also have/offer on-line off-site maintenance capabilities. He then provided references for both, but said the company not awarded the bid also did not have municipal experience or the diversity of DEVA Systems. Paul asked why the quote for the flat panel thin monitors versus the regular flat panel monitors. Ernie said they are preferred for ease of viewing and the amount of space, which is saved in using the flat panel thin monitors. Paul then asked about the cost of the
drive key, which appears to be 50% higher than it should be. Matt said the savings discount posted later in the quote seems to “wash” this however. Discussion then ensued.
Matthew Scruton made a motion to award DEVA Systems the computer upgrade bid. Joan A. Funk seconded the motion. The vote was four in favor and one opposed. The motion passed.
Auction of Old Equipment
Ernie said he has put some items/issues on the agenda tonight, to put some things in a holding pattern until it can be finally dealt with. Gerry asked Ernie to make sure other departments are asked first if they want any items before going to auction.
Town Land Inventory & Identification
Ernie said he would get the inventory and then the Board could decide.
Municipal Office Sign
Lynn Seaboyer, Admin. Asst. for the Town gave the Selectmen an update, noting she called Duf’s Signs and was told it would be ready later in the week. She said Dale Sprague is looking at alternative vendors for the granite posts, since the bid she received from Tri-City Masonry was so high.
Letter to Fire Dept.
Paula asked about the reference in the letter to the reconfigured bay at the Fire Dept. She said she visited the Fire dept. and spoke with the Fire Chief about what, if any, equipment could be stored in the bay, even if the bay is restored to full size and she said the Chief Robinson said they could only fit the forestry truck, which during the summer months is in fact stored in that bay. Clark said he wants to change one of the Town trucks to a highway vehicle. He said there is equipment they have that will not be used again, adding that the bay cannot be used for other equipment unless it is modified. Paula asked the Chief to come in and talk about the equipment needs. She said the Board needs a list of equipment and where it’s stored.
Other Business as May Come Before the Board
Ernie then announced the public hearing, which would be next Monday, April 12th at 7:00 p.m. concerning the sewer rate increase.
Matthew Scruton made a motion to allow the Town Administrator, Ernest Creveling to sign the agreement for the Proval software. Paul Parker seconded the motion. The vote was unanimous.
FCTV Coordinator Ed Mullen spoke to the Selectmen about programming and the need for planning. He said he needs to know what Farmington’s priorities should be. Gerry said as long as both sides of an issue are presented, that’s what’s most important. Ed then said he understands Gerry to mean, informational more than like a debate.
The meeting adjourned.
_________________________________
Respectfully submitted, Joan A. Funk
Lynn C. Seaboyer _________________________________
Matthew Scruton
APPROVED
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Paula Proulx
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Gerald McCarthy, Chairman
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Paul Parker
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