Town of Farmington
Board of Selectmen Meeting Minutes
4-17-06
Present: Chairman Paula Proulx, Vice Chair Paul Parker, Selectmen George Meyer Gerry McCarthy and Marty Gilman. Town Administrator Paul Weston, Planning and Community Development Director Paul Esswein, Water/Waste Water Superintendent Dale Sprague, Fire Chief Richard Fowler, Fire Association President William Panek.
At 6:00PM in the Selectmen’s Chambers, Chairman Paula Proulx called the meeting to order and asked everyone to join her in the Pledge of Allegiance.
Chairman Paula Proulx then made a motion to go into Non Public Session per RSA 91-A:3 (b & d). Paul Parker seconded the motion. A roll call vote was taken. Paula Proulx – yes, Paul Parker – yes, Marty Gilman – yes, Gerry McCarthy – yes, George Meyer – yes.
1. Discussion on hiring a new Fire Chief.
2. Hiring of a new Police Officer.
3. Sale of land
4.
At 6:50 PM Paula Proulx motioned to come out of Non-Public Session. Paul Parker seconded the motion. A roll call vote was taken. Paula Proulx – yes, Paul Parker – yes, Marty Gilman – yes, Gerry McCarthy – yes, George Meyer – yes.
PUBLIC INPUT
Susan Loker approached the Board and expressed her opinion over the recent appointment procedures. She stated that she was confused and disturbed by the recent events and referred to the lawsuit against the Town and the part it is playing in the appointment procedure. She asked that Paula Proulx and Paul Parker recuse themselves from Planning Board appointments and that Paul Parker step down as liaison to the Planning Board. She asked that Gerry McCarthy and Marty Gilman make the appointments and if they don’t reach an agreement, the decision should be left up to the Planning Board. George Meyer then recused himself from the Board. Steve Dean approached the Board and stated that the American Legion has received the Garrison Flag and that they will be hoisting her up soon. He agreed with Susan
Loker that Paul and Paula should not be allowed to appoint Planning Board members. Betty Mros approached the Board and briefly stated that she also agreed with Susan Loker and that all this was costing the Town money. James Horgan approached the Board and stated that he would like to echo the opinion of Susan Loker. He stated that he felt Mr. Meyer should be allowed to vote in the Planning Board appointments. Victor Lapierre approached the Board and expressed his opinion on the recent matters and lastly David Kestner came before the Board. Mr Kestner voiced his opinion on the topic and stated that he felt Mr. Wibel should be appointed as a regular member not an alternate.
George Meyer reseated himself with the Board.
Approval of Minutes: 2-14-06 Non Public: After an addition, Paul Parker motioned to accept the minutes as amended. Paula Proulx seconded the motion. 3 in favor,Paul, Paula and George. 2 abstentions, Marty and Gerry. 2-27-06 Non Public: Paul Parker motioned to accept the minutes as written, seconded by Paula. 3 in favor,Paul, Paula and George. 2 abstentions by Marty and Gerry. 4-10-06 Non Public: After one correction, Paul Parker motioned to accept as amended. George Meyer seconded the motion. 5 in favor. 4-10-06 Public: After one correction, Paul Parker made a motion to accept as amended. Gerry McCarthy seconded the motion. 4 in favor, Paula, Paul, Marty and Gerry. 1 abstention by George Meyer. 4-12-06 Public: A motion to adjourn was not recorded.
Paul Parker motioned to accept the minutes as amended to include a motion to adjourn. Paula Proulx seconded the motion. 4 in favor, Paula, Paul, Gerry and Marty. 1 abstention by George Meyer.
OLD BUSINESS
George Meyer recused himself from the Board. In response to a recent request by the Board, Paul Weston consulted with Town Attorney Tim Bates via e-mail on the Code of Ethics and asked Mr. Bates advice on George Meyer’s legal right to vote on Planning Board appointments due to his monetary interest in the Equivise project. He also asked Mr. Bates advice on Paul Parker’s and Paula Proulx’s right to vote on the appointments to the Planning Board due to a possible conflict of interest regarding the lawsuit brought by two Selectmen. Paul Weston read a copy of an e-mail he received from Tim Bates on April 13. (A copy of this e-mail will be attached to the final written copy of these minutes available from the Town Clerks Office.) The e-mail states that Mr. Bates sees “nothing in the
Ethics ordinance or under the general laws of New Hampshire, that would either bar Parker or Proulx from participating in the appointment of members to either the Planning Board or the ZBA”. He continues to write: “it therefore seems to me that Meyer should not participate in the appointment of any members of the Planning Board or the ZBA while the Equivise proposal is under review, or may come under review, before either of these Boards”…”. Paul Weston then read a memo regarding a telephone conversation he had with Bates on April 17 regarding payment of court fees and and whether they could affect appointments by Parker and Proulx. (A copy of this memo will be attached to the final copy of these minutes available from the Town Clerks Office). Mr Bates stated that Parker and Proulx may participate in the vote for Planning Board appointments. Mr. Weston then asked Mr. Bates if three Selectmen withdraw from the vote, could two Selectmen make an
appointment. Mr. Bates stated that in very rare instances under a “rule of necessity” two Selectmen could take action when there is no majority possible”. Mr. Bates stated that this scenario would make him very nervous and should be invoked in rare instances. Mr. Edward Weagle approached the Board to be interviewed for his application to the Planning Board. The Board discussed with him his experience and qualifications for the position.
Marty Gilman made a motion to appoint Charlie King, Charles Wibel as regular members to the Planning Board and Edward Weagle as an alternate. Discussion followed and Paula stated that the appointments should be made individually. Motion failed for lack of a second.
Paul Parker motioned to appoint Charlie King to a regular position for a 3-year term on the Planning Board. Gerry McCarthy seconded the motion. Discussion followed. 3 in favor, Gerry, Paula and Paul .1 opposed, Marty.
Gerry McCarthy motioned to appoint John Law to a regular position for a 3-year term on the Planning Board. Paul Parker seconded the motion. Discussion followed. 3 in favor, Gerry, Paul and Paula. 1 opposed, Marty.
With 2 alternate positions open, Gerry McCarthy asked Mr. Wible, who had submitted an application for a regular position on the PB, if he would consider an alternate position. Mr. Wibel declined stating that he felt he applied for a regular position and should be appointed as such since he has been sitting on the Board as a regular member.
Gerry McCarthy motioned to appoint Edward Weagle as an alternate member for a 1-year term. Paul Parker seconded the motion. No discussion followed. 3 in favor,Paul, Paul and Gerry . 1 opposed, Marty.
Gerry McCarthy motioned to appoint Barry Elliott to a regular position for a 3-year term to the Zoning Board. Paul parker seconded the motion. Discussion followed. 4 in favor.
Paul Parker motioned to appoint Randy Orvis to a regular position for a 3-year term to the Zoning Board. Marty Gilman seconded the motion. 4 in favor.
The Board then discussed the appointment procedure as it is currently written. Gerry stated that they should amend the procedure to state that an applicant is not required to come in for an interview if a unanimous vote by the board waives the interview because the candidate is well known by all members. Paul Weston will draft an amendment and present it to the Board at the next meeting. Meanwhile, until the amendment is in place, Paul Weston will invite all remaining applicants to the next meeting to be interviewed.
NEW BUSINESS
Mobile Home Park Licenses: Paul Esswein approached the Board and stated that there are two applications for license renewals: Farmington Ridge and Peaceful Pines. He recommended both for renewal. Both have been inspected and are in compliance with the exception of one minor issue with the numbering at Peaceful Pines (a matter of two homes not being numbered.) At this point, George Meyer reseated himself with the Board. Paul Parker motioned to approve the license renewals for Farmington Ridge Mobile Home park and Peaceful Pines Mobile Home Park on the condition that Peaceful Pines put the missing numbers on within 30 days. Marty seconded the motion. All in favor.
Campground Licenses: Garland at 23 Ten Rod Road: Paul Esswein stated that this campground is not active and is mostly used for family members but the owner wished to continue his license. The campground is in compliance. Beaver Pond campground has been inspected and is in compliance. There is some confusion as to the numbering of the homes and the owner Mr. Larry Zampieri is working with the Planning Department on coming into compliance. There is also the question of the number of year round tenants. The law allows only a certain amount but the enforcement has been lax on this ordinance. Past Selectmen have approved the license with this violation. Paul Parker made a motion to postpone this renewal until a time when the Board can meet with Mr. Zampieri to discuss these issues. Gerry McCarthy
seconded the motion. 5 in favor. Paul Parker made a motion to approve the license renewal for Garland campground at 23 Ten Rod Road. Gerry McCarthy seconded the motion. 5 in favor.
On 3-27-06 the Board of Selectmen voted in favor of accepting the naming of Whitetail Lane and Labradoor Brook at Jones Brook Development. Whitetail Lane is too similar to Whitebirch Lane and so they request a change to Cottontail Lane. Marty Gilman motioned to accept the renaming to Cottontail Lane. Gerry seconded the motion. All in favor.
Water/Wastewater vehicle: Dale Sprague approached the Board to discuss repairs needed to the Ford 250 in order to pass inspection. (A list of repairs will be attached to the final written copy of these minutes available from the Town Clerks Office). The total cost for parts is $2,900.00 with the work being done at the Highway Garage. Dale requested a new truck during budget season but it did not pass the approval of the Board of Selectmen. Dale estimated a replacement truck would cost around $28,000.00. He proposed that the money be withdrawn from the Capital Reserve Fund. Dale stated that this fund is known as an enterprise fund and can be expended on capital expenses at the Selectmen’s discretion. Paul Parker motioned to approve the repairs to the Ford 250. Gerry McCarthy seconded the
motion. Discussion followed. Gerry stated that this causes a problem when these issues are brought up a month after Town Meeting and that it should not be done again, however; it may in the best interest to purchase the truck. There should be a policy that vehicles are inspected prior to Town Meeting. The vote was 2 in favor, Paul and Paula. 3 opposed, Gerry, Marty and George. George made a motion to allow Dale to get 3 bids for a new truck with the option of trading in or keeping the old truck. Gerry McCarthy seconded the motion. Gerry, George and Marty on favor. Paul and Paula opposed.
At 8:45 PM Paula called for a ten minute break. The meeting re-adjourned at p:00PM. George Meyer did not join the Board.
OLD BUSINESS
Paul Weston stated that pre an RSA, the appointment of Steve Durance to the Trustees of the Trucst fund must be recinded. A person who is seated on the school board cannot serve as a trustee. Paul Parker motioned to recind Steve Durance as a Trustee of the Truct Fund. Gerry McCarthy seconded the motion. 4 in favor, Gerry, Paul , Paula and Marty.
Liasons: The question of whether or not a person who is not a resident but owns properties in Farmington can join the Downtown Committee was raised. Paul Weston will look into the matter. Appointments for liaisons was tabled until next meeting.
Administrators Report: Paul Weston reported that there will be a Public Hearing with Steve Wells of Coast Bus on Tuesday, April 18 at 2:00PM. The topic of reduction to service will be discussed. Paul Parker asked if there were any statistics on riderships and if there were cuts, would the schedule accommodate the riders. Coast Bus receives Grant money and has a responsibility to the Town.
The Planning board is holding a workshop on Tuesday, 6:00PM.
There will be an Economic Development Committee Meeting on Wednesday at 7:00AM.
On Thursday the 20th, the Henry Wilson 5th and 6th graders will be assisting the public works department in a roadside litter patrol in honor of Earth Day.
The Town Hall Committee will meet 4-25-06 at 3:00 PM. $6,315.36 has been expended so far on the project.
Highway employee Rit Moulton has officially retired. Still awaiting word from the Fire Marshals office.
Brief discussion on the sale of lots at the Sarah Greenfield Business Park.
ACTION ITEMS
Paul Weston recently accompanied Joel Moulton to look at Summer Street. They determined that there was no room for sidewalks.
9:30PM Paula Proulx motioned to adjourn the meeting. Marty Gilman seconded the motion. All in favor.
Approved this ___________day of ___________, 2006
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Chairman Paula Proulx Vice Chair Paul Parker
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Gerry McCarthy George Meyer
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Marty Gilman
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