Town of Farmington
Board of Selectmen
Meeting Minutes
8-14-06
Present: Chairman Paula Proulx, Vice Chairman Paul Parker, Selectmen Gerry McCarthy and Marty Gilman, Water Wastewater Superintendent Dale Sprague, Fire Chief Richard Fowler.
At 6:00PM, chairman Paula Proulx called the meeting to order and asked everyone to join her in the Pledge of Allegiance.
PUBLIC INPUT
Norman Russell approached the Board and stated that the Planning Board is inefficient and negligent in their duties and has not, along with the Town Planner Paul Esswein, demonstrated RSA 674:1 (a) which states that the Planning Board must have the responsibility for promoting interest in and understanding of the Master Plan of the Municipality. Mr. Russel said that his concern is that the Planning Board did not fully address the safety issues at Farmington Ridge and Dick Dame Lane regarding sidewalks and pedestrian safety, after many people including the Police Chief, expressed their concern on this issue. He quoted from the 2005-2006 Round Application Form for Candidate Projects, the 9-1-05, 9-22-05, 6-27-06, and the 7-11-06 PB minutes. Mr. Russell stated that he is here before the Board because by
law, the Board of Selectmen can remove members, the PB must report to the BOS and it is up to the BOS to see that they do their job. Gerry McCarthy stated that Mr. Russell has brought up some good points but once members are appointed, removing them is tough; the Board should meet with the Planning Board to discuss these issues and Paul Parker agreed stating that it would be a good first step. Marty stated that he also agreed and that any new development should be required to put in curbed sidewalks, if they don’t, it ultimately becomes the Towns responsibility, liability and expense. Paula Proulx stated that they worked hard on the Master Plan, which shows that sidewalks are a necessity. Marty stated that they should not accept roads unless sidewalks are included. The Board agreed that they should meet with the Planning Board.
Charles Wibel approached the Board and stated that he had three questions for the Board: 1: Now that the Selectmen’s Meetings are ineffectual since you have caused one of the Selectmen to resign, what is the Plan to operate the Town over the next 6 months? 2: Now that you have fired a good Town Administrator and are going to be going after Department Heads what are your plans? 3: When will you begin advertising for a new Town Administrator? Gerry replied that he was not aware that they were going to go after Department Heads and what did Mr. Wibel mean specifically? Mr. Wibel stated that he heard that the Police Chief, Town Planner and Dale Sprague were in line. Mr. McCarthy stated that the issue with the Police Department was settled 2 years ago and that we have Departments Heads who can handle the business of
the Town. Paula Proulx stated that the Board of Selectmen voted not to hire Mr. Weston and that there were issues brought up before Town Meeting. Mr. Weston has been on an extended six-month probation since his initial 6-month evaluation and probationary period.
Jean Pease approached the Board and stated that she and her now deceased husband came to Farmington 39 years ago and if her husband were here, he would say that George Meyer came to Farmington a self made man and has qualities that people aspire to. She stated that George’s resignation from the Board is a loss to Farmington and that Farmington does not have a man of George’s quality come around often. Mrs. Pease recommended that the Board appoint the person, Joan Funk, who had the next highest number of votes in March election.
Steve Dean came before the Board and spoke regarding the Flag Pole downtown. The concern is that the flag, when lowered to half-mast, gets tangled in the PSNH wires. Mr. Dean suggested that one possibility is to move the flagpole to the center island on Central Street but this may pose a problem with vehicles and plows and suggested that granite blocks could be placed around the island. Steve stated that DOT told him that it would pose a problem since it was a stationary object and the road was ours in the winter and theirs in the summer. Gerry stated that the flag should stay where it is and that PSNH should accommodate us, the wires could be insulated or moved.
Dorothy Lafortune of Sanford Maine approached the Board to ask that they look into an investigation by the Farmington Police Department of Elder Abuse. Paula Proulx responded by saying that the Town Attorney advised the Board they cannot address this matter and that it is a matter for the Police Department and the Attorney Generals Office.
Catherine LaPierre came before the Board and stated that at a Planning Board meeting in June, Packy Campbell, when speaking of his application for a 9-lot subdivision on Mount Vernon, was exceedingly rude, yelled at members and was sarcastic. Mrs. Lapierre stated that she felt the Planning Board was bullied into passing the application.
Barbara Batson approached the Board to address the issue of the Elder Abuse matter and asked the Board to look into it. The Board reiterated that it was not a matter for the Board of Selectmen as advised by the Town Attorney.
John Wingate came before the Board and read a statement regarding e-mail addresses for the Board. He suggested that the Board look into addresses through the Virtual Town Hall. Marty told Mr. Wingate that he does not wish to have e-mail sent to him.His grandchildren look at his computer and sometimes unsolicited, inappropriate subject matter comes through. John was persistent in convincing Marty but Marty responded that if John didn’t like it, that was too bad.
Ed Mullen approached the Board and stated that anyone interested in e-mailing can follow the directions on the Home page of the Website.
Reverend Morrello approached the Board on the subject of elder abuse and requested that the Selectmen meet to discuss this issue. She stated that she wanted to confirm the accusation of Elder Abuse and that the Police Department does not return phone calls.
Mary Barron approached the Board to inquire on the status of the empty seat on the Board and to ask what the Boards plan is to fill it. Paula Proulx responded that the Board still had some procedural questions and will address it by the 28th. The Board would like to handle this as soon as possible.
Charlie King approached the Board and stated that the Town should issue a written response to the elder abuse matter. He also requested that he would like to be considered for the Board of Selectmen vacancy. He stated that he had the highest amount of write in candidate votes at Town Meeting. He stated that the town spoke at last town Meeting when it did not elect past Selectmen.
Susan Loker approached the Board and asked Paula Proulx how she felt she was misquoted during her conversation with Mr. Weston. Paula responded by saying that she was given instructions by the Board on what to address with Mr. Weston at her August 2 meeting with him. The first issue was that the Board voted not to hire Mr. Weston at the July 31 Non Public Session. Second, she stated to him that he was given a chance to resign since he had begun job hunting and also to protect him. Thirdly, she told him that the minutes were sealed for 90 days to protect him as well. He declined to resign and instructed Paula that they should speak with an attorney. He said he had some unanswered questions. When asked by Mr. Weston how she personally felt, Paula responded to him by saying that she personally felt that she would
like to see a more aggressive, motivated person in the position. She never used the word ‘hammered’ as this is a word that she would not use and takes offense that Mr. Weston lied in public. Mrs. Loker asked if the decision not to hire Mr. Weston was unanimous. Ms. Proulx stated that she could not answer that because the minutes are sealed for 90 days. Paula continued that it was the Boards intention to answer questions at the 8-7-06 meeting in Non Public Session with Mr. Weston but he requested at that meeting that all further discussion be conducted in Public Session and that the Attorney should be contacted. Once Attorney was mentioned, the Board would not go any further without legal council. Mrs. Loker stated that Mr. Weston was a consummate professional and that he was knowledgeable, honest and forthright. She stated that she thinks the Board has made a mistake and it will cost the Town money. So far, the lawsuit against the Town has cost $12,000 and the
severance pay to Mr. Weston will be $4,800.
Police Chief Scott Roberge came before the Board in response to earlier comments made regarding an elder abuse investigation. Chief Roberge stated that he wanted to assure the citizens of Farmington that the Farmington Police Department takes every complaint seriously and investigates to the fullest extent. He has consulted with the Attorney General and the State Attorney on this matter. He told the Board and the public that this matter is being fully investigated by his agency and that he supports his agency in their actions in this matter.
Margaret Russell approached the Board and asked how the newspaper knew that it was a 3 to 2 vote regarding Mr. Weston’s termination since it was sealed for 90 days in Non Public Session at the July 31 BOS meeting. She asked if any of the Selectmen knew how this information was made public. The Board did not have any knowledge of how the information was made available.
Charles Wibel again came before the Board and stated that he thought it best if three of the Selectmen tendered their resignations. He added that he did not think it was the best interest of the Town to consider the Chairman of the Planning Board to fill the vacant Selectmen seat.
Dorothy Lafortune again came before the Board in response to Chief Roberges’ statement. She stated that this was far from over and submitted a Right to Know Request form for a written response from the Selectmen stating why she was not put on the agenda.
Charlie King approached the Board again in response to Mr. Wibels comments and stated that his comments may not be the sentiments of the quiet majority of the Town.
Jane Wingate came before the Board and asked where the bleachers from the Town Hall ended up. Marty responded that the bleachers were in poor condition; the wood had been turned already. The Rochester Hockey Team did not want them. The Town will recycle the metal and the wood will be burned. Jane asked who made the decision and Marty stated that he made the decision, the benches were no good.
PUBLIC HEARING: Proposal to initiate billing for Fire Hydrants.
Water Wastewater superintendent Dale Sprague approached the Board. Dale explained that there were hydrant rental fees years ago but they were dropped. The fees accrued $1,200 a year. There are 135 public hydrants and 23 private hydrants. Public hydrants at $25.00 each could bring revenue of $3,375 per year and private hydrants at $300 each per year would be $6,900 with a yearly total of $10,750.00. Dale stated that they perform maintenance and flush the hydrants yearly. Private hydrants create additional demand on system infrastructure. Some property owners may enjoy an insurance rate discount if near to a hydrant. (Please see attached memo from Dale stating the justification of fees and the setting of fees and other information). Chairman Proulx opened the hearing to Public Input: Charles Wibel stood up
and asked what the distance from a hydrant is for property to enjoy an insurance benefit? Dale was not sure but stated that the Fire Department could state the usefulness of being near a hydrant. There was no further public comment at this time. Chairman Proulx then closed the public input for Board discussion. Gerry McCarthy stated that he is not in favor of hydrant fees, it is a revenue enhancer. If it comes out of the tax rate, only a few will benefit. Paul Parker stated that he agreed with Gerry and as a taxpayer, he feels that the property tax is divided into departments, which work together. Marty stated he is against public hydrant fees. He would consider fees for private hydrants since the Town has to expend money to maintain and they place a demand on the system. New developments draw on the system; the Town could get money back into infrastructure. Paula stated that developments are making money when they sell, residents are paying taxes. Dale stated private developers
purchase their own hydrants and install them. The Town flushes all hydrants once a year and check that they work. Chairman Proulx again opened the hearing to Public Input. Charlie King stood up and stated that with an application, the TRC recommends connecting to the Town water and to be responsible and maintain their hydrants at their cost. He stated that in his opinion he does not feel that the Town could implement and manage fees. For private hydrants, the Town could back charge businesses. Any contamination could put the water supply at risk. The Town should not bear the cost. Charlie asked Dale what the definition of private and public hydrants is. Dale stated that private hydrants are on private property. Charlie stated that none of the private hydrants listed are businesses. The policy of having private infrastructure is a large problem if the town doesn’t take over, the cost of improvements should be the burden of the applicant. The Town could back charge and turn the
revenue over to the General fund. Paula asked who bears the cost now. Dale stated that if it is a public hydrant, the water department pays for maintenance or repair. He has billed private owners in the past for repairs. The income comes from the water rates; there are no separate charges. The bottom line in the budget gets some interest, sale of water only. Rich Fowler stood up to say that some hydrants on private roads could be used for fires on public roads. If we add fees, do we assume liability? Charlie King stated that if the water supply is polluted, we couldn’t recoup the cost of maintenance or any new improvements. Dale stated that he does not maintain the hydrants in private businesses such as C&A. The Town is not responsible or liable for the operation of private hydrants. Paul Parker stated that we might need to reclassify which hydrants are private and which are public. Paula Proulx stated that there is a lot of new information that the Board needs to
consider. Chairman Proulx closed the Public Input. Gerry McCarthy stated that when the water/sewer lines are expanded, there will be a lot of cost involved; pump injection stations, ect.. The Board should set up a workshop in the future and get input from the Planning Board. Paul Parker motioned to deny the proposal for public and private hydrant fees for further review. Gerry McCarthy seconded the motion. All in favor.
Fuel Bids: Mark Thebarge and Steve Lorello of Downeast energy came before the Board to discuss their bid for Diesel and #2 heating fuel. Gerry McCarthy asked if their price included tax and the answer was that municipalities are not charged any taxes. Paul Parker asked if the price would hold even if it were not the 108,000 gallons the town projects to use. Mark Thebarge stated that the price still holds, this is not an exact science and this amount was based on last years usage. Gerry McCarthy motioned to award Downeast energy the bid for #2 heating fuel and diesel and accept their contract. Paul Parker seconded the motion. All in favor. Only one bid was received for gasoline. There was a question if Union would honor their bid if the town only bought gasoline and not the other fuels as bid. Paul
Parker motioned to accept the bid for gasoline from Union Oil if they are willing to accept gasoline only. Marty Gilman seconded the motion. All in favor.
At 8:35 PM, Chairman Proulx called for a ten-minute recess. At 8:45 PM, the Board reconvened the meeting.
Update on sprinkler project: Shawn Bergeron was not present at the meeting as expected so Chief Fowler asked the Board to be the Point of contact with Mr. Bergeron and call him to schedule for the 28th to discuss his proposal. Rich will keep the Board informed. Paul Parker motioned to table the Bergeron proposal until the earliest time Mr. Bergeron can be present at a meeting. Marty seconded the motion. All in favor.
Update on FEMA: Paula stated that FEMA rep Ed Flaherty met with the Police Department, the Fire Department and Public Works. Rich Fowler stated that he was surprised to see that on the FEMA application, the volunteers were listed as being paid an hourly wage. The volunteers receive a yearly stipend. Rich stated that he is not comfortable with this submittal. There was a mobile radio that was a lost during the floods and a rope needs to be replaced. The application for equipment is right on. He was told that if the equipment is repairable to fix it. The expenditure for food was $642.00. Marty asked when Rich thought the town would see some money and Rich replied that the new FEMA rep said there are too many red flags on the application. Paula Proulx stated that she though Paul Weston said we would
see some money in August. The Public Works Department has some things to justify like bridges. The Town may not get as much as originally thought. Marty suggested to Rich that he submit the daily call rate for each person for the days they worked on the flood. Rich said that was a good idea and would look into it. Paula stated that she would like to meet with Joel Moulton to discuss the red flags.
Employee handbook revisions: Paula presented to her fellow Selectmen copies of past and present employee policies for their review for future discussion.
Chairman Proulx stated that they needed to designate someone to sign bills in the interim there is not a Town Administrator. Paul Parker motioned to authorize Chairman Paula Proulx as designated person to sign bills and the necessary paperwork in the interim there is not a Town Administrator. Gerry McCarthy seconded the motion. All in favor.
Paula Proulx stated that the Board needs to decide when to meet to appoint a new Board Member and when to place an ad for a new Town Administrator and added that it should be done ASAP. Marty stated that maybe George Meyer would reconsider filling in to the end of the year. If not, the Town should send him a letter of thanks. Gerry said that he called George and was told that he will not reconsider but would be available if needed. Gerry McCarthy motioned to regretfully accept George Meyer’s resignation from the Board of Selectmen. Paul Parker seconded the motion. All in favor.
Gerry McCarthy stated that he would like to address the openings and until a Town Administrator is hired, the Board should meet every Monday. The other Board members agreed. Paula stated that she did not think a salary range should be included in the TA ad because she does not want to discount anyone. Paul Parker disagreed stating that otherwise there would be confusion.
Marty stated that he did not think the Town should use anymore outside trucks until we know where we stand. We should not allow outside trucks without BOS approval. We need to watch the budget.
Paula stated that she would like to address the concerns of Department Heads and offered to be the point of contact. The Board agreed and Megan will send group e-mail to the Department Heads notifying them of this.
Paul Parker motioned to go into Non Public Session per RSA 91-A:3 (3) (2) (c). Gerry McCarthy seconded the motion. A roll call vote was taken: Paula Proulx – yes, Paul Parker – yes, Gerry McCarthy – yes, Marty Gilman – yes.
Police Matter
Request for Abatement
At 10:30 PM with a motion by Gerry McCarthy and a second by Marty Gilman the Board came out of Non Public Session. A roll call vote was taken: Paula Proulx – yes, Paul Parker – yes, Gerry McCarthy – yes, Marty Gilman – yes.
Paul Parker motioned to adjourn the meeting seconded by Gerry McCarthy. All in favor.
Signed 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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