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Board of Selectmen Minutes 2-5-07
TOWN OF FARMINGTON
BOARD OF SELECTMAN
PUBLIC MEETING MINUTES
Monday, February 5, 2007

Selectman Present:   Chairman Paula Proulx, Paul Parker, Martin Gilman,Gerald McCarthy and William Tsiros

Public Present:  Public Works Director Joel Moulton,Chairman of the Planning Board Charlie King, Sharon McKenney, JoAnn Doke.

Chairman Paula Proulx called the meeting to order at 6:17pm. (Lateness of time due to technical difficulties with the tv footage.)

Review of Minutes from 1-29-07:  Paul Parker moved to accept the public minutes of 1-29-2007 as amended, Marty Gilman seconded.  Dicussion held that under the DeJagger subject the Selectman were in concensus that they should have reiterated that Mr. DeJagger is responsible for any and all attorney fees and producing any deeds as previously motioned at an earlier meeting.  Motion passed with all in favor.
Paul Parker moved to accept the non-public minutes of 1-29-2007 as written, Bill Tsiros seconded.  Motion passed with all in favor, except Paula Proulx who abstained.

Discussion on Failed Slope at 41 High Street:  Sharon McKenney stated that she brought forward a complaint in August with little to no response on the failed slope on her property at 41 High St.  Joel Moulton, Public Works Director responded that he had no knowledge of any problems until December and at that time has been working with Rachel Tibbets from the State of NH Natural Resource Conservation Service to try to find some assistance for Mrs. McKenney.  He spoke with Ms. Tibbets today and she said it is not to late to file the waiver even though technically the deadline has passed.  Joel also contacted DOT 6 to see if any could get any response from them because the drastic change of the river is impacting the Tappan St. bridge as well, and that is owned by the State.  The Selectman instructed Joel to take photographs of the failed slope and conditions of the river and contact DOT 6 again, as well as Ms. Tibbets to see what can be done.  Charlie King suggested calling resident Bob Talon who works for the State to see if he would know who the right contact would be.

Bridge Article Discussion:  Joel Moulton was asked by the Board for his recommendation for bridge work/replacement at last week's meeting.  Joel came prepared and stated the it would be in the town's best interest to take the $76,000 from Capital Reserve to pay the 20% to replace the Ten Rod Rd. bridge since we have already been granted the $280,000 from the state.  Joel also stated that he received a call from Kelcey & Edwards, the firm who did the bridge report, and they stated that a motion during a meeting to commit to putting away so much money each year towards bridge replacement is all that is needed to get on the construction list for 2012/2013.  Joel went on to remind the board that

Board of Selectman - Meeting Minutes 2/5/2007 - Page 1 of 4

engineering costs are 100% reimbursed and labor completed by the town is reimbursed at 80%.
Gerry McCarthy questioned if the Ten Rod Rd. bridge can be replaced for less that what is quoted does the Town get to keep the left over monies to roll into a bridge account.  Joel was not sure but he would check.
Bill Tsiros moved to create a warrant article to appropriate $76,000 out of the Capital Reserve Bridge/Road Design line to go towards the Ten Rod Rd. bridge replacement project, Marty Gilman seconded.  Discussion followed as to where the engineering costs would originally come from even though they are 100% reimbursed, Joel will check.  Also discussed that this article would leave $46,000 in the Capital Reserve that could be used towards the 20% that will be needed for the next bridge replacement.  Motion passed with all in favor.

Landfill Disposal Discussion:  Joel Moulton stated that there has been some disposal at the landfill that he feels could be potentially dangerous because it could contain hydrocarbons.  His concern is that if the hydrocarbons exist in this waste it could seep into the ground and contaminate the landfill which would not help the cause of trying to keep the landfill open longer.    He was looking for permission from the Selectman to require testing of this material by the resident to be sure no hydrocarbons are present.  Bill Tsiros moved to authorize Joel Moulton to obtain any testing he feels is necessary for the landfill, Marty Gilman seconded.  Motion passed with all in favor.

Highway Garage Lighting:  Joel stated that he received a quote from PSNH for a light out back of the highway garage, the cost is $1245 for the pole, anchor, and wiring.  Marty stated that PSNH is coming to the Selectman meeting next week and that the board should postpone any decisions until then because maybe something can be worked out.

Road Acceptance Policy:  With the input of Charlie King and Joel Moulton, Paul Parker drafted a revised Road Acceptance Policy.  Bill Tsiros moved for the Selectman to accept the draft policy and forward it to Strafford Regional Planning Commission (SRPC) for advice from thier Transportation expert and then from there to send the document to legal and have a public hearing set-up, Marty Gilman seconded.  Discussion followed that Gerry McCarthy felt that the people who have old existing roads who can not afford the fees are not being served by this document.  Motion passed with all in favor.  Charlie King will forward to SRPC and instruct them to forward to legal when done.

SRPC hours:  Charlie King addressed the board to discuss that Planning Board site reviews can be reimbursed on a case by case basis by the applicant.  Charlie stated that an applicant dedicates money in a fund for the review and if the fund gets low the applicant is instructed to put more money in the fund.  The Selectman would like detailed records of what the town is paying to SRPC for their contracted hours, what is being worked on, and what is being charged back to applicants.  The Selectman were in agreement that SRPC is not to exceed the 43.3 hours of non-reimbursed time per month.

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Paul Parker moved for a 5 minute recess, Paula Proulx seconded.  Motion passed with all in favor.  

Meeting recessed at 8:08pm.  Meeting called back to order at 8:18pm.  

Discussion on Meeting Schedule with Budget Committee:  The budget committee requested to meet with department heads on Feb. 7th, 9th and 13th at 7pm to go over thier proposed budgets.  They also requested a joint meeting to be held on the 13th with the Selectman, because the Selectman will already be there Paula thought it would be a good idea to hold the public hearing for the two articles that will zero out certain accounts at 6pm.  Selectman in concensus this was a good decision.

Policy Document Discussion:  Bill Tsiros asked for this to be put on the agenda because he feels  that many of the policies need to be looked at but in particular the policy that states a supermajority is needed to hire a town administrator.  The RSA states that a simple majority is sufficient.  Paul also looked into this and contacted legal to see if this practice of a supermajority was legal.  Legal informed him that there is nothing that would prohibit the town from setting higher expectations.  Paul stated that the Policy Handbook was drafted by a former town administrator and that Attorney Bates instructed the Selectman last year to take a look at this policy closer and think about returning to a quorum vote.  The Selectman were in agreement to look over the Town Policy Document and Personnel Policy and bring forward suggestions at the next meeting.   Bill Tsiros moved to have the Policy and Employee Handbook on the agenda for next Monday, Paul Parker seconded.  Discussion followed that changing these policies now would have no effect on the hiring of any town administrator applicant who was previously voted down because the vote was already taken.  Motion passed with all in favor.

Updates and Correspondence:
1. Paula reported that the COAST shelter because of the combined efforts of Joel Moulton, his crew and Marty Gilman.  Great job everyone.

2. Marty suggested having NH Employment or another state agency coming to town to address the many issues surrounding the Collins & Aikman closing (ie. retirement pensions, future well issues, unemployment, new business in the building, etc.)  Bill Tsiros moved to have Paula Proulx contact the offices that could help and invite them to a meeting to address the public, Marty Gilman seconded.  Discussion followed  that Senator Kenney and Gregg might be good contacts and that Bill will help Paula with this endeavor.  Motion passed with all in favor.

3. A copy of a letter Molly Stark, from NH DES, sent to Collins & Aikman is attached to these minutes.
4. Paula stated the Air Quality Test has been completed at the Municipal Office building and she requested a full written report documenting exactly what was found and where.

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Paul Parker moved to go in non-public session under RSA 91-A:3.2.a, Bill Tsiros seconded.  Roll Call - Marty Gilman (yes), Bill Tsiros (yes), Paula Proulx (yes), Paul Parker (yes) and Gerry McCarthy (yes).

Other:
1. Paul Parker moved to seal the draft minutes of non-public minutes dealing with personnel or legal issues until review and acceptance of those minutes, Bill Tsiros seconded.  Discussion followed that sometimes due to the lateness of the hour the board forgets to seal the minutes and if they are sensitive issues it could cause problems.  By being able to read them at the next meeting the Board would be able to more clearly unseal minutes.  Motion passed with all in favor.

2.  Gerry McCarthy moved to readvertise for the Town Administrator position, Bill Tsiros seconded.  Discussion followed to advertise in the same places as last time but to also include NHhelpwanted.com and the Manchester Union on Sundays.  Plus it was decided upon to use the same advertisement that was written previously just making sure that it states that salary with commiserate with experience.  Motion passed with all in favor.

Bill Tsiros moved to adjourn, Gerry McCarthy seconded.  Motion passed with all in favor.

Meeting adjourned at 10:21pm.

Respectfully Submitted,

Brandy Sanger
Recording Secretary



______________________________          _____________________________
Chairman, Paula Proulx                                  Vice-Chairman, Paul Parker



_____________________________                   _____________________________
Martin Gilman                                           William Tsiros



____________________________
Gerald McCarthy


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