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Selectmen Minutes 03/14/05
Board of Selectmen’s Meeting
Monday, March 14, 2005
6:00 p.m.
Selectmen’s Chambers
356 Main St., Municipal Offices


Minutes
Present:  George Meyer, Joan Funk, Paula Proulx, Paul Parker, Matt Scruton arrived at 6:20 p.m.

Also Present: Ernie Creveling, Judy Nichols, MaryJane Souther, Charlie King ****

The Meeting convened at 6:05 p.m. with the Pledge of Allegiance.

1.      Pledge of Allegiance

2.      Approval of Minutes

a.      February 7, 2005, public session – Matt Scruton questioned the format of the minutes and suggested that summaries were prefered to direct quotes. Paul Parker spoke regarding item #6, on page 3, New Dam LLC: He questioned that the  amount of the “current use penalty” had not been determined($500,000 to $600,000). Matt Scruton stated that he recalled the amount being spoken. Paul Parker , in regards to Page 3, Article 6, New Dam LL,: requested a correction to  to his first statement. The statement will be changed to: “The Town might be able to continue negotiations in order to work out details regarding Town infrastructure cost”.

Paul Parker made a Motion to accept the minutes as amended. The Motion was seconded by Joan Funk. Matt Scruton , Paula Proulx and George Meyer voted in favor to accept the minutes as amended.

February 7, 2004, Non-Public Session :

A motion was made by Paul Parker to accept the minutes as written. Paula Proulx seconded the Motion.  Joan Funk, Matt Scruton and George Meyer In favor. The vote was unanimous.

b.      February 28, public session – Regarding Article 5:c, discussion with Dave Dejager about encroachment on town land. Paul Parker stated  he recalled more discussion regarding  the abuting property. Paul Parker also stated that the total magnitude of the discussion and problem was not reflected in the minutes. He suggested additional information be added. Regarding Article 4:a, New Bussiness: Cathy Tsiros of the Trust Fund: Matt Scruton pointed out that the amount quoted, $18,0000, in the Leon Hayes Fund, is only the amount specifically set aside for the Birthday Ball Trusts and not the entire amount in the Leon Hayes Fund. Matt Scruton also stated that in Article 5:b: Farmington Preservation Guild, he did not make a motion to take this matter to Town Meeting but rather suggested they (The Preservation Guild), take it to The Town Meeting floor .

Motion to table approval of the 02/28/05 minutes until corrections are brought back. Paul Parker seconded the motion. Joan Funk, Paula Proulx and Matt Scruton – all in Favor.

Non-Public Session, February 28, 2005: Paul Parker made a motion to accept as written. Joan Funk seconded the motion. All in favor.




3.      Public Comment
Charlie King spoke to the Board regarding Pike Industries, an applicant for excavation on  Paulson Road. Pike Industries is requesting to pave the unpaved portion of Paulson Road. Clark Hackett, Superintendent of Highways, suggested this should be done and provided estimates on the cost of maintenance to the Planning Board. Charlie King contiued to say that it is projected that 100-150 trucks would use the road each day. In addition, the traffic from the 500 Boys and Girls Club has increased the amount of traffic on the road.The road in it’s present condition  may present a safety concern. Pike Industries could apply just a basecoat until excavation is complete. This will reduce the Towns maintenence costs during excavation. Improvements were contingent upon application. George Meyer questioned whether the 500 Boys and Girls Club would be be a part of an agreement for paving. Charlie answered saying that they would not be a part of the agreement. Ernie Creveling stated that around 2001 or so during discussion of the Master Plan, The Board of Selectmen decided not to have the road paved at that time. Charlie King stated that this would be a good opportunity for the town as they would not bear the cost of paving. Dale Sprague mentioned that the culverts were in bad shape and should be replaced.

Matt Scruton made a motion to authorize an agreement for paving which was seconded by George Meyer.

Paul Parker stated that this was premature since the cost was unknown as well as what the project would entail. Charlie King stated they were still sitting on the application and still in negotiations. Paula expressed concern that a transportation plan had not yet been done and that this may be premature. She  requested more information and research before any agreement could be made.Paula also stated that there was a lot more hidden cost and questioned how the culvert work would impact the project. Joan Funk agreed that at this point there was not enough information and that they need to look at what the applicant would do. Charlie stated that any other issues other than paving the unpaved portion of the road would be the burden of the town. Paula Proulx stated  that they needed to know the costs and have an agreement between Pike Industries and the Town.

Matt Scruton amended his Motion to continue negotiations. Paul Parker seconded the Motion.  George Meyer – accept.   The motion was voted down

4.      Organization of New Board of Selectmen

Paula Proulx nominated Joan Funk as Chairman.
Matt Scruton nominated George Meyer as Chairman.

The Meeting was turned over to Town Administrator,Ernie Creveling, who asked for a  vote for Joan Funk as Chairman: Joan Funk, Paula Proulx, Paul Parker and Matt Scruton raised their hands in in favor of Joan Funk as Chairperson.

Matt Scruton nominated George Meyer as Vice Chairman.
Paul Parker nominated Paula Proulx as Vice Chairman.

Ernie Creveling asked for any more nominations. There were none.
A vote was taken: All in favor of Paula Proulx as Vice Chairman: Matt Scruton, Paul Parker, Joan Funk and Paula Proulx raised their hands in favor of Paula Proulx as Vice Chairperson.



5.      New Business

a.      Presentation of Assessing Proposals with recommendation of staff Judy Nichols; using analysis of DRA-Mary Jane Souther and David Hines.
MaryJane Souther reviewed the data of five rolling reval proposals submitted to the town for Property Assessments and worked them into a spread sheet. She was not able to  make a recommendation but was willing to answer any questions regarding the report. She explained that the assessing would be a 25% annual assessing of properties up to 2009. Ernie Creveling stated that the goal of these assessments is to maintain a level of market value. Re-evaluation should be every five years. MaryJane Souther stated that a 25% annual cycclical review is good, it saves the  town money and keeps the data fresh. Matt Scruton asked what software was needed. Ernie Creveling responded that if the Town hired CrossCountry, as they have in the past, the software they use is already installed in the Towns system. MaryJane Souther added that some companies would require their own software which is what brings the cost up. Paula Proulx noted that CrossCountry came in with the lowest bid. MaryJane stated that the only concern with the bid from CrossCountry is that it listed 2,532 parcels, if there were more parcels, it would be $59.00 per parcel over the amount quoted. Matt Scruton pointed out that this was a lot of money; were there any alternatives and can this be done statistically.MaryJane responded that the values were only as good as the physical data. An inventory program was needed on an annual basis. She would be available to answer any questions and/or review any contract before signing.It should be noted that Assessing Clerk Judy Nichols and Town Administrator Ernie Creveling recomend using Cross Country. No decisions regarding this matter were made, it was left for further discussion.
              
b.      Paul Ramsey – Building Permit on Places Crossing Lane (Private Road), presented by Paul Esswein.
This Article was postponed until the March 21, 2005 meeting.


c.      Wastewater Plant Proposals – Dale Sprague
Dale Sprague spoke with the Board regarding the five proposals submitted from Engineer firms. Dale asked the Board to set a date, a time and to form a committee for the selection process.The firms who submitted proposals were: CMA, Tate and Howard, Wright Pierce, HTA and Underwood. Dale Sprague spoke with a representative from the Department of Environmental Sevices and recommends he be a part of the selection process (no cost). The representative would be able to provide insight and pertinent information to the interveiwing process. Dale also suggested that the members of the Board of Selectmen and the Planning Board be a part of the process. Out of the five proposals submitted, under the advisement of several individuals including a representative from Northeast River Association,  Paul Esswein , Director of Planning and Development and the DES representative, who evaluated these proposals, Dale recomends that two of the firms (CMA and Tate & Howard) need not be interveiwed (it costs them money to do the interveiw process and they did not score well). Paul Parker stated that all five proposals had excellent points and that all five firms should have the opportunity to be interveiwed. Paula Proulx stated that since there were only 5 firms, wouldn’t CMA and Tate and Howard like the chance to be interveiwed? Joan Funk said she was comfortable with the three recommendations. Matt Scruton said he was relying on Dales recommendation.

Joan Funk made a motion to have the 3 firms (Wright and Pierce, HTA and Underwood) come before the Board to be interveiwed. George Meyer seconded the motion. Matt Scruton – In favor, Joan A. funk in favor. Paul Parker – oposed, Paula Proulx -Oposed.The  motion passed.

Charlie King asked if a subcommitee would be formed to review this matter and if so would the application be formal or informal. Paula Proulx asked if there should be a Motion to form a subcommitee. Ernie Creveling stated that this would be a public meeting.

Dale Sprague then asked the Board to consider approving a subcomittee to assist him in the Water and Wastewater Department. He stated that a lot of other communities have these types of comittees. This proposed committee could consist of citizens, and/or members of the Board of Selectmen and/or Planning Board.  Joan Funk said it was a good idea and that this committee could be a “sounding board” for Dale. All members of the Board agreed .Dale said within the next month he would call other communities and gather information on how to facilitate this arrangement and bring a proposal to the Board at a future meeting.


d.      Selectman Paul Parker stated he would like to bring New Business to the table. He asked that George Meyer recuse himself as he has a conflict of interest in the matter. Paul Parker preceeded to say that the March 3, 2005 ZBA meeting was full of proceedural errors and that there were issues that needed to be dealt with. He continued to say that the ZBA Board members were volunteers, inexperienced and unfamiliar with the issues and goals. Paul Parker then stated that he did not believe that a member of the ZBA Board was seated properly. Paul Parker proceeded to list several other errors including procedural errors in motions made, the fact that  the route 11 project is listed as a Special Exception. Paul Parker continued to say that there was very little discussion regarding zoning ordinance requirements and purpose and intent was not discussed. Matt Scruton asked Paul Parker where he was going with this and what he was proposing for action. He also asked if  the Board of Selectmen have authority over the ZBA. Ernie Creveling pointed out that the ZBA was represented by attorney Tim Bates at the meeting. Ernie continued to say that the Board of Selectmen has a right to request reconsideration if no other party appeals, namely an abutter or someone who has standing, and would have to take a vote to ask the ZBA to reconsider the decision to grant special exception for Elderly Housing. Paul Parker stated that he thought  the  question of density should be addressed and asked how could they decide on changes in a neighborhood if the density is not known.Paul Parker also suggested that the 55 or older policy might be discriminatory.He continued to say that the ZBA should be asked to reconsider and should be given the opportunity to correct the written findings. Matt Scruton stated that Paul Esswein and an attorney were at the meeting to ensure that a right decision would be made. Matt Scruton also said that since this issue was not on the agenda, he had no time to research. Paul Parker stated that a new hearing was necessary to give the ZBA the opportunity to correct the errors made. There was a 20 day window remaining for a re-hearing. Paula Proulx agreed that the volunteers on the ZBA Committee lack experience and that they did make technical errors. Paula continued to say that this should have been looked at as a variance and not a special exception. Joan Funk agreed that the Board did not follow procedures and she asked for Town Councilor to see if the town was liable because of the decision.

The discussion continued. Matt Scruton pointed out that errors were typical in committee meetings. Matt Scruton stated that an appeal to the decision seemed an extreme measure  to take and  questioned when the last reconsideration took place. Ernie Creveling responded by saying that there have been other reconsiderations, one regarding Hunters Tavern, another regarding The Elm Street Project and current issue regarding WCV, Inc.. He also stated that the Board of Selectmen is the only body which can ask for reconsideraton if there is no another entity with standing. Bill Tsiros,  a former Planning Board Member, interjected that predudice should be noted on the part of Paul Parker as he has publically opposed the project, and that it was unethical for him to to question the decision and he should not participate. He contiued to say that although the meeting was not perfect, the ZBA members conducted the meeting to the best of their ability and their efforts should be respected.Paul Parker responded by saying that it is not the actual decision he is opposed to or doesn’t agree with but rather the process. His objection is for adherance to the ordinaces and not of the project. The  procedural and technical  errors made may leave the town open for liability down the road.

Paul Parker made a motion to officially ask for an appeal of the decision made on March 3, 2005 regarding the Route 11 Project. Paula Proulx seconded the motion and added that an attorney should look at the situation and instruct the Board of Selectmen on what to do.  (George Meyer recused himself from the vote) Matt Scruton and Joan Funk opposed. The motion failed.

Joan Funk then asked if there were any other steps that could be taken. Ernie Creveling said that they could have the matter looked over by the Town’s Attorney.

Joan Funk made a motion for a Legal Review by the Town’s Attorney to determine whether the Town was subject to liability as a result of the ZBA’a decision. The motion was seconded by Paula Proulx. Paul Parker supported the motion while Matt Scruton opposed the motion. The motion passed.                      

At 8:15 p.m. the Board agreed to take a short break before going into Non-Public Session: RSA 91-A3(I) (II).

At aproximatly 8:25p.m. Joan A. Funk made a motion to go into Non-Public Session RSA-91: A:3 (I) (II). Paul Parker seconded the motion. A roll call vote was taken. Joan Funk –yes, Matt Scruton – yes, Paul Parker – yes, Paula Proulx – yes, George Meyer – yes.
At approximatley 9:05  Joan Funk made a motion to come out of Non-Public Session RSA:91-A:3. Paul Parker seconded the motion. A roll call vote was taken. Matt Scruton – yes, Paul Parker – yes, Paula Proulx – yes, Joan Funk – yes, George Meyer – yes.



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