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Board of Selectmen Minutes 7-10-06
TOWN OF FARMINGTON
BOARD OF SELECTMEN MEETING
7-10-06

Present: Chairman Paula Proulx, Vice Chairman Paul Parker, Selectmen George Meyer, Gerry McCarthy and Marty Gilman, Town Administrator Paul Weston, Water Waste Water Superintendent Dale Sprague
Chairman Paula Proulx called the meeting to order at 6:00 PM and asked everyone to join her in the Pledge of Allegiance.
PUBLIC INPUT:  Joan Funk stated that she is disturbed by the lack of process in the hiring of a full time Fire Chief. She stated that it is nothing personal towards Rich Folwer but rather that the common practice of externally advertising the position and interviewing prospective candidates was not followed. She went on to say that she has received many phone calls by people who are equally upset about the lack of process. Paul Weston stated that he researched the qualifications He contacted the Local Government Center and Primex for information to develop a Job Description and salary range, and a background and criminal record check were conducted. A final job offer was negotiated with Mr. Fowler and a 6-month probationary period was put in place. Paul Parker stated that they could not find written policy stating the hiring process for this particular circumstance. He said that he thought the practice of hiring a qualified candidate from within was good practice and that Fowler was the best candidate. Joan argued that they would never know that he is the best candidate since the job was not advertised and they could not compare candidates. Paula stated that Fowler has been performing the job successfully for approximately two years now. Weston stated that the salary would be paid out of the Fire Department lines but cannot guarantee the balance will be available by the years end. There is a savings in the account by paying only a half salary this year. Parker stated much of the advertising budget was expended when the Town was seeking a Town Administrator.
Joanne Doke also spoke up to say that she hopes the budget is not is such bad shape that we could not afford to advertise the position.
Renewal of the Beaver Pond Camping Area annual license: Larry Zampierri came before the Board and stated that he is working towards compliance and cooperating with the code enforcement and planning department. He is in the process of installing posts with the corresponding numbers in front of each lot for E-911 purposes. Weston stated that he recommends reissuing Zampierri’s license.  Marty Gilman motioned to reissue the campground license for Beaver Pond Campground, seconded by George Meyer. Paul Parker amended the motion to state that the renewal is contingent upon the campground coming into compliance within 60 days or it will be rescinded. Discussion: Zampierri stated that all electrical work has been done by licensed electricians. He has paid the application fee. He may be done prior to the 60 days. A vote was taken:  A unanimous vote of 5 Selectmen in favor.

Discussion with Water/Waste Water Superintendent Dale Sprague on a recent problem with well # 6: Dale stated that on July 4 he received notice that the tank on the west side at Davidson Rubber was below level (down to 8 feet). Dales initial diagnosis was a motor problem in well # 6, which was confirmed the next day by an electrician. The motor is a 50 horsepower submersible. He called Lane Christensen, the company contracted to work on well #5 who by 3:15 Pm Wednesday brought well #5 back on line to insure enough water for Town domestic use. There was the concern that fire suppression would be minimal without the tank at Davidson Rubber. Dale alerted the Fire and Police Departments of the situation. They ordered a new motor which was in by Thursday AM , installed it and put a temporary cap on by 6:15 PM. The tank at DR was filled by early Friday AM. The total cost for the labor and the motor is $6,256.00. There is money left over in the 2006 budget and the balance can be taken from the Capital Reserve Fund if needed at years end. Dale will see if it is feasible to repair the broken motor. The Board thanked Dale for resolving this issue.

Discussion on Dejager encroachment on Town Property: Paul Weston explained that Mr. Dejagers house on Trotting Park Road encroaches onto about 7 feet of Town property. He quoted  three possible solutions: 1: move the house, 2: sell the Town land to Mr. Dejager and 3: acquire acreage on other side of road to reconfigure the road radius. The situation is tight, the home is at the edge of a right away and there is a fifteen-foot setback requirement in town ordinances. The road has been graded to a 32-foot wide width around the curve. Dejager stated that he has been trying to get the Peters, who own the home on the other side of the road, to consider selling their portion of land, which the road is on. Dejager could then trade that portion of land to the Town in exchange for the portion of land that his home encroaches. The Peters seemed willing at first but have since said no. Dejager has been in contact with Public Works Director Joel Moulton and the Planning Director Paul Esswein. He is asking the Town to contact the Peters to convince them to sell their land. Marty stated that he does not think it would be good practice for the Selectmen to convince them to sell their land and the other Board members agreed. The property is appraised at $0-$3000. Weston stated that new road standards require a 30-foot radius. The hydrant on Dejagers side could be moved back. Weston stated that he checked with legal and was told that the Board has the authority to sell Town property. Dejager stated that prior to building, he got the ok from town officials. This home is actually further back than the previous one. Weston stated that the town holds no legal obligation to correct this situation. Weston stated that a variance could be sought from the ZBA but was unlikely to be granted. George suggested a letter to the Peters stating the possible solutions the Town is willing to make, and just state the facts. Gerry stated that the Town would benefit in the long run as the town road is encroaching on the Peters property. Dejager agreed to write a letter to the Town outlining a possible solution, including the Peters selling their land, and include a diagram. The Selectmen will review the letter before it is sent. He will again attempt to contact the Peters for negotiation.

Primex proposal for multi year contract. Paul Weston explained that the current contract with Primex for property liability insurance and workers compensation insurance expires July 2008. Primex is proposing a 5% discount if the Town signs on for another multiyear agreement. We can accept this offer or bid it out in 2008 which Weston recommends, as it will get us in a competitive situation. Gerry stated that they might be offering a 5% discount but we don’t know what their rates will be and if they will increase. Paul Parker motioned to not sign another multiyear agreement with Primex and put the insurance contracts out to bid in 2007 for 2008. George seconded the motion. A unanimous vote in favor by the five Selectmen was taken.
Administrators Report
Memo attached from the Fire Chief on appointments to the Fire Department: Chief Fowler is asking for direction from the Board on how to precede with appointing Fire Department personnel. He recommends that the Chief handle all new volunteer personnel hiring following Department policy. The Board will be informed if any of the volunteer applications are rejected. All new per diem positions, promotions and terminations will be brought before the Board for approval. Rich also stated that he would like to begin advertising to fill the per diem firefighter position as soon as possible. The Board agreed to allow Chief Fowler to advertise and would like to meet with him at the 7-24 meeting to discuss the hiring procedure.
Memo from Paul Esswein regarding a staff meeting to review CDBG funds for rental rehab for lower to moderate housing in Farmington was reviewed. Paula agreed that this was needed and George stated that if we receive the funds, the process should be overseen closely. The Board wished to place this on the July 24th agenda for further discussion.

7:35 PM the Board took a recess and returned to order at 7:45PM.

Downtown Committee application by Deb Scanlon: Gerry McCarthy motioned to waive the interview process and appoint Deb Scanlon to the Downtown Committee. Marty seconded the motion. The five Selectmen voted in favor.

Weston informed the Board that there will be an Avian Flu Informative Meeting here in the Selectmen’s Chambers on August 10 at 7:00PM.
Tom Dubois has signed the Purchase and Sale Agreement extension for purchase of property on River Road. Randy Orvis has completed the survey and discovered that there is actually 197 acres not 170 as originally thought.
-The DOT will propose a turning lane on route 11
-Haley and Aldridge on behalf of Collins and Aikman has provided to us the 1990 agreement of settlement of claims regarding Sarah Greenfield Business Park. Two more monitoring wells will be installed. Weston stated that they will have to convene a meeting with them in the future.
-Town Hall update: Chief Fowler asked Shawn Bergeron to hold off on a letter he wrote to the Fire Marshal as requested by the Board of Selectmen. Fowler met with the fire Marshal and the conclusion is that the Town Hall will have to be sprinklered entirely but will not require an upgrade to the fire and smoke detection system. We can expect a letter from the FM in a few days.
-There will be a staff meeting with Lee Kimball of the Emergency Operations Preparedness Office to review the Farmington Emergency Operations Plan on July 27 at 9:00AM.
-A memo was discussed from Welfare Director Yvette Martin asking if any of the Selectmen would like to join her and Megan Taylor in discussion of updating the Town Welfare Guidelines. There were no volunteers at this time. Perhaps Selectmen could suggest someone to join Megan and Yvette.
-Marty asked if there has been any progress on the shelter from Coast Bus. Weston will contact coast Bus for an update. George added that they also promised advertisement.
-The Town is in the process of compiling information for FEMA on storm reimbursement. We should expect a first check in August.
Paul Parker stated that the Planning Board will review an application for Farmington Ridge at Dick Dame Lane on Tuesday. This has been a long-standing discussion. The Town signed an agreement in1990 with the residents and Rancourt Estates. The Planner has sent all related information to legal. At a TRC meeting the question of safety came up regarding this road. The width of the road is in question. Paul Parker is asking his fellow selectmen to agree to have Paul Weston invite Police Chief Scott Roberge to the PB meeting to discuss the safety of this road. Roberge previously expressed concerns over the safety of pedestrians and travelers on this road.  The Board agreed to have Weston ask Roberge to attend the PB meeting.
Review of Minutes: 6-26-06 Public: Paul Parker motioned to approve the minutes as written. Gerry seconded the motion. 5 in favor. 6-26-06 Non Public: After on addition, Paul Parker motioned to approve the minutes as amended. Gerry seconded the motion. 5 in favor.
Paul Parker motioned to go into Non Public Session per RSA 91-A:3 (b) (e). Gerry McCarthy seconded the motion. A roll call vote was taken: Paul Proulx – yes, Paul Parker – yes, George Meyer – yes, Gerry McCarthy – yes, Marty Gilman –yes.
1.      A request for an abatement was discussed.
2.      Discussion on hiring an Assessing Clerk.
3.      A complaint by a resident regarding junk and trash piled up against the fence of an abutting neighbor was discussed. The Code Enforcement Officer and Health Officer have been to the site to inspect the area. The Board decided that since there was no apparent code violation, and upon the advice of legal council, the Town was not legally required to take action.
4.      Brief discussion on Right to Know request.
5.      Personnel Issues

At 10:00 PM The Board voted to come out of Non Public Session
The meeting was then adjourned.

Signed this __________ day of __________
_____________________   ________________________
Chairman Paula Proulx   Vice Chairman Paul Parker

______________________  ________________________
George Meyer            Gerry McCarthy
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Marty Gilman