TOWN OF FARMINGTON
BOARD OF SELECTMAN
MEETING MINUTES
Monday, February 12, 2007
Selectman Present: Chairman Paula Proulx, Paul Parker, Martin Gilman, Gerry McCarthy and William Tsiros
Public Present: Stephen Dean, Mark Guillmette, Susan Lokar, JoAnn Doke, Ed Mullen, Doreen Hayden (Planning Dept. Secretary), Henry Martino, Don Ellis, Roger Marise, Beth Capen, Sylvia Arcouette and Kathy Seaver (Town Clerk)
Review of Minutes: Paul Parker motioned to accept the 2/5/2007 public minutes as amended, Gerry McCarthy seconded. Discussion followed that during the discussion of the failed slope at 41 High Street Paul did state he responded to Mrs. McKenney's complaint by go to visit the site and speaking to her and then forward the complaint to the Board to have Joel Moulton look into the issue. Motion passed with all in favor.
Paul Parker moved to accept the 2/5/2007 non-public minutes as amended, Marty Gilman seconded. Motion passed with all in favor.
Public Comment:
1. Stephen Dean reported that the downtown flag needs to be down-sized to about a
5 X 8 flag, he has such flag but would like to wait until a new pulley and rope have been put on the pole. Mr. Dean spoke with Nick Johnson of 3 Phase Construction and he is willing to install the new pulley and rope. Paul Parker moved to research and purchase the appropriate type of pulley and rope for the downtown flag pole, Marty Gilman seconded. Discussion followed that Marty will look into this. Motion passed with all in favor.
2. Mark Guillmette of Cherub Estates came forward asking for the Selectman to place their approval on a petition for the town to except their roads has public. Paula Proulx asked him if he could wait until after the public comment section of the meeting because that subject is on the agenda for the night, Mr. Guillmette agreed.
3. Susan Lokar addressed the board as to what was discussed at last week's meeting about the hiring policy of the town administrator, in particular that one would need 4 votes to be hired. Bill Tsiros replied that him not agreeing with the policy has nothing at all to do with hiring Paula Proulx for the administrator position, he had noticed the policy months ago but because the board has been so busy he had let it go. Bill added that the administrator job has been readvertised for but in closing that the statue reads a simple majority is sufficient for all voting purposes. Gerry McCarthy also responded adding that this board of Selectman has a lot of integrity and would not change any policy just to suit their needs.
4. JoAnn Doke announced that on Sunday, March 4, 2007 from 1-3pm there will be a meet the candidates time at the town hall. This will be a time for candidates to speak briefly about themselves with no question and answer period allowed.
Paul Parker moved to go in non-public session under RSA 91-A:3.2.b, Bill Tsiros seconded. Roll Call - Paula Proulx (yes), Paul Parker (yes), Bill Tsiros (yes), Marty Gilman (yes) and Gerry McCarthy (yes).
Paul Parker moved to come out of non-public session, Gerry McCarthy seconded. Roll Call - Paula Proulx (yes), Paul Parker (yes), Bill Tsiros (yes), Marty Gilman (yes) and Gerry McCarthy (yes).
Petition for Road Acceptance for Cherub Estates: The homeowners of Cherub Estates have brought forward a petition for a warrant article to have their roads accepted as public roads. Mark Guillmette reported that these homeowners were not aware of any association that they were suppose to be a part of and have no plans to create one. These residents are looking for the Selectman to put their approval on the article. After a lot of discussion everyone (the Selectman and the residents) were in agreement that Mr. Rizzo certainly did not do any of them justice and what he did was not right. Paula stated that the compliance hearing had to be continued because Mr. Rizzo still has a few items that need to be addressed on the development before any bond could be released. Gerry stated
that the residents have their roads maintained free of charge and don't have an association. He understands what they are saying but many other residents are in a similar situation and have to pay for their maintenance so he could not support the petition, Marty agreed. Paul added that the Selectman will have to research to make sure the residents are not being taxed for a public road.
Paul Parker moved for a five-minute recess at 8:50pm, Gerry McCarthy seconded. Motion passed.
Meeting reconvened at 9:02pm.
Review of Town Policy: The proposed changes to the Town Policy are as follows (items changed are in italics);
1. Article 1-2-1, b: should read "All members shall take office following their election and shall hold office until their successors are duly elected and qualified per RSA"
2. Article 1-2-2: should read " The Selectman so chosen shall meet in their capacity as the Board on the first meeting following the end of the recount period for the purpose of adopting rules, and for the transaction of business required by law or ordinance to be transacted in such meeting.
3. Article 1-2-3: should read " ...by the affirmative vote of a majority of its members per RSA 41:8 ..." Paul Parker stated for the record that he does not agree with "majority."
4. Article 1-2-5: should read "... at its next regular meeting, by a majority vote of its members and in accordance with RSA 669:61 and RSA 41:8."
5. Article 1-2-6: should read " Selectman shall receive as compensation the sum of which is subject to change yearly. The Chairman shall receive an additional amount of the sum of which is subject to change yearly.
6. Article 1-2-7,e: should read "...and all members shall vote "aye" or "nay" or by a show of hands or abstain..."
7. Article 1-2-8,f: Title line should just read Maintenance and the article should read "The Town Administrator Office shall be responsible for the printing, publication, and maintenance of the ordinances of the Town. Copies of all ordinances shall be available to the public, and the Town Administrator Office may charge..."
8. Article 1-3-6: should read " the power to nominate and make recommendations, subject to the provisions of this Policy Document, all town department heads. Such nominations shall be on merit..." and in the second paragraph it should read "...demand a hearing before the Board..." and in the last line " The Board, by a majority vote of its members may override the Administrator's decision."
9. Article 1-3-8,a: shall read " The following departments are hereby established, the head of which shall be nominated by the Town Administrator and appointed by the Board of Selectman pursuant to Section 1-3-6, or as otherwise dictated: Administration, Police, Fire/EMS, Welfare, Public Works, Water & Wastewater and Parks & Recreation as described by the Personnel Policy.
10. Article 1-3-10,c: shall be removed all together.
11. Article 1-4-5: remove "unless another date shall be fixed by the Board."
12. Article 1-4-9: shall read "...appropriation for a capital expenditure, special revenue, or dedicated funds,..."
13. Article 1-4-10: shall read "..duties of his office. All officers receiving or disbursing town funds shall be so bonded..."
14. Article 1-5-2,b: shall read " The Personnel Handbook shall continue in force, subject to amendments brought forth by the Town Administrator, which shall become effective one (1) month after the approval of the Board."
15. Article 1-5-2,c: shall read "The Personnel Plan shall not apply to any board and commission members, and other officers appointed by the Board."
16. Article 1-5-4 shall be removed from this Policy.
17. Article 1-6-1,c: shall read "Any person accepting election to a town office..."
18. Article 1-8-2 shall read "Each year on the second (2nd) Tuesday of March the Board shall summon..."
19. Article 1-9-2,a: should read "Written notice of the appointment to any town office or board shall be mailed to the individual involved by the Town Administrator's Office..."
20. Article 1-9-2,b shall be removed in its entirety.
21. Article 1-9-8,c shall read "The Administration Office shall be..."
22. Article 1-10-1a,1: shall read " There shall be a planning board consisting of 7 members appointed by the Board per RSA 673:2,II." The remaining sentence is to be removed.
23. Article 1-10-1,c: shall be removed in its entirety.
24. Article 1-10-1,d: Gerry will look up the Historic Commission to see what the powers of such a commission would be.
25. Article 1-3 was discussed and Paula recused herself from the discussion in good faith. Since there was no action taken by the Board no change will be made.
26. Article 1-3-6: The Board need to ask legal what the role of the Selectman would be because they should be the board of appeals.
27. Article 1-4-8: will need to be changed if the warrant article passes in March.
Results of Air Quality Test: Paula stated that the Town received the first part of the results from the test and should have the second part shortly. The test found nothing substantial on the first and second floors. Marty questioned if a good thorough cleaning of the basement would eliminate issues in the basement, Paula agreed it probably could.
Review of Draft of Town Warrant Articles: Board in consensus to table this item until Tuesday night's joint meeting with the budget committee.
Other: Marty questioned whose responsibility it is to shovel out the COAST shelter. Paula will talk to Joel Moulton (Public Works Director).
Paul Parker moved to go in non-public session under RSA 91-A:3.2.a and e, Gerry McCarthy seconded. Roll call - Paula Proulx (yes), Marty Gilman (yes), Bill Tsiros (yes), and Paul Parker (yes).
Bill Tsiros moved to come out of non-public session , Paul Parker seconded. Roll call - Paula Proulx (yes), Marty Gilman (yes), Bill Tsiros (yes), and Paul Parker (yes).
Bill Tsiros motioned to adjourn, Paul Parker seconded. Motion passed. Meeting adjourned at 12:00am.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Paula Proulx Vice-Chairman, Paul Parker
_____________________________ _____________________________
Martin Gilman William Tsiros
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Gerald McCarthy
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