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Board of Selectmen Minutes 3-12-07
TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, March 12, 2007

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

Public Present:  Chairman of Planning Board Charlie King, Sharon McKenney, Cindy Snowdon, Joann Doke, Charles Wibel, Ed Mullen and Lorraine Meyer

Chairman Paula Proulx called the meeting to order at 6:00pm.

Review of Minutes:
Paul Parker moved to accept the 3/5/2007 public minutes as amended, Marty Gilman seconded.  Motion passed with all in favor.
Paul Parker moved to accept the 3/5/2007 non-public minutes as written, Gerry McCarthy seconded.  Motion passed with all in favor.

Public Input:  
1.  Sharon McKenney questioned if the Selectman knew if Joel Moulton had written the letter to NH DOT about the failed slope.  Paula responded that Dale did draft the letter and she had approved it this morning.  Paula stated the letter would go out this week to NH DOT and that a copy would be sent to Ms. McKenney also.
2.  Cindy Snowdon, President of the Campbell Commons Homeowner's Association came forward to seek advice and/or assistant from the Board as to what to do with the failing lift station at her development.  She stated that until February 17, 2007 their Association was not able to hold elections and did not oversee anything within the development.  She also stated that Dale Sprague, Water/Wastewater Dept. Head, has visited their lift station where they are having so many issues to try to help them figure out what to do.  The Association has paid over $7000 over the past month or so to get their septic running properly and there are still many issues.  Ms. Snowdon stated that Mr. Campbell, the developer, has stated to them that he owns the land but the responsibility for the lift station lies on the association.  She also added that the lift station has no generator in case of power failure.
   Charlie King reported that in 2003 when the original plans came through the Planning Board and in 2005 when the developer came back for amendments it was inferred that the association would be responsible for the infrastructure of the development.  He believes however that the infrastructure is still the developer's responsibility because the development is not complete.  
    The Board was in consensus that the lift station plans were approved by the town and NHDES but not sure if it has been approved upon completion.  This is something the Board will look into.  Paula questioned Charlie King to see if he knew of any recourse the Town could take before giving any more occupancy permits.  Charlie responded that their needs to be a review to see exactly what was signed off on.  Paul suggested having Dale Sprague check the specs of the lift station to see if it meets the requirements.

Bill Tsiros moved to have Dale Sprague go to look at the pump station at Campbell Commons, provide immediate relief for the situation and determine what the problems are, if any and have the code enforcement officer check the records to make sure it is up to code, Paul Parker seconded.  Discussion was held that the Association should look to the developer for accountability.  Also, the Town needs to see if the bond is still open.  The Board asked Ms. Snowdon to provide the Board and Dale Sprague a copy of the reports they have received thus far from all the pump work they have had done.  Motion passed with all in favor.
3.  Joann Doke, from the Downtown Committee questioned the Board as to why a warrant was not brought forth for the voters to decide if they wished to purchase the piece of property the committee suggested the town purchase in November.  Gerry responded that he checked the property value and the asking price was $69,000 and the value was $48,000, so for one he did not feel this purchase would be fair to the taxpayers but also that without a CIP plan the Board did not feel it wise to expend money on property they had no plan for.  Gerry stated that he spoke with Joan Funk, Chairman of the Downtown Committee and told her to tell the property owner that the Town could not make a commitment at this time so if she wanted to relist it that would be fine.  Bill added that the plan was to forward the land purchase suggestion to the CIP committee.
4.  Lorraine Meyer commented on Gerry McCarthy's structure on his property.  Gerry responded that he put it up because he feels that the "politicians" that are running for office do as the structure depicts.  He stated that a politician is someone who votes in whatever way is popular instead of what is right for the town and that there is a difference between a "politician" and a public servant (which is what he is).

Strafford Regional Planning Commission Liaison Appointment:  Bill Tsiros moved to appoint Charles Wibel and John Law as the Strafford Regional Planning Commission Liaisons, Marty Gilman seconded.  Discussion was held.  Mr. Wibel asked for a point of order to decide if Paul Parker had a conflict of interest and should recuse himself from the vote because he was looking to be appointed to the seat.  The Board was in consensus that since he was not nominated there was no conflict.  Mr. Wibel stated that he would like to be the liaison so that Farmington will have a voice at these Regional Planning meetings.  Paula and Gerry stated that Mr. Wibel has different opinions of where the Town is going and are concerned as to what power the liaison has.  Charlie King reported that the liaison is basically an information carrier between the regional meetings and the town.  Motion passed with Paul Parker opposed.

Metrocast Issue:  Ed Mullen stated that the School Board has an article for the Town to vote on that states the School Board Meetings will be held in the Selectmen Chambers on the 1st and 3rd Mondays of the month so that the video can run live, until the correct set-up is available at the high school.  Ed suggested having the meetings taped and running them on a scheduled time since the Selectmen use the meeting room every Monday right now.  Bill Tsiros move to have Ed Mullen organize the video schedule as necessary to accomodate the Board and the School Board.  Motion failed for lack of a second and will be readdressed after the town meeting.

Paul Parker moved for a 5 minute recess, Marty seconded.  Motion passed at 7:31pm.
Meeting reconvened at 7:42pm.

Road Acceptance Policy:  The Board discussed the proposed changes from Attorney Spector.  
1.  First suggestion was to remove the limit of 1-2 miles per year.  After much discussion the Board came to a consensus to remove this line.
2.  She also suggested removing the line that would require 100% of the parties involved on a road sign off on the acceptance of the road.  A consensus was made to leave this within the document to protect all parties involved.
3.  Ms. Spector also asked for the rational of giving first consideration to the oldest roads.  Paul suggested keeping this because the older roads have been waiting the longest.  Charlie King responded that he does not agree with that idea because the newer the roads are the more likely they are to be up to standards and the easier it will be to accept the road for all parties involved.  A consensus was made to leave the item because it is a guideline not a set procedure.
4.  It was decided that roads should remain bonded for 5 years after completion of the road.
5.  Ms. Spector questioned if sidewalks were a requirement in our ordinances and Charlie King responded that it is a requirement in subdivisions but developers can request to waiver.  The Board decided to remove this item like Ms. Spector suggests.
6. It was discussed to add the "betterment assessment" suggestion to the end of the paragraph as Ms.Spector suggested.
Bill Tsiros moved to accept the Road Acceptance Policy as recommended and amended by the Board of Selectmen and Ms. Spector, Paul Parker seconded.  Discussion held to forward the corrected, final draft to Ms. Spector for final approval.  Motion passed with all in favor.

Town Policy: Attorney Spector forwarded suggested changes to the Town Policy Document as well.
1.  In 1-2-8(f) she suggested going back to the original form because per RSA 41:58 it is the Town Clerks statutory responsibility to maintain the records.
2.  In 1-6-1(c) and (d) she questioned if the Town has a "Conflict of Interest" and we do.
3.  She also asked the Board to check if 10-1-1(a1) was correct with the type of Planning Board we have.  The Board was in consensus this was correct.
Bill Tsiros moved to accept the suggested changes by Ms. Spector showed in red on the forwarded Town Policy and to forward the document as a whole back to legal for full document review, Paul Parker seconded.  Motion passed with all in favor.  

Updates/Correspondence:
1.  Paula reported that the Scott Lawson Group estimated $7,900 to remove the mold in the basement of the town offices. (There is $10,693 in the Main Street account).  It was discussed that maybe town employees or the Selectmen themselves could clean the area, but Paula is concerned of the health risks that might be imposed upon others.  Marty suggested the Board all go into the basement and remove the unnecessary "stuff" that is down there.  The Board agreed to this and will read over the reports and what is proposed to be done by the cleaning.  Lastly, Paula reported that there was nothing substantial found on the first and second floors that you wouldn't find outside.
2.  In response to last week's discussion, Joel Moulton, Public Works Director, wrote a letter to the Board clarifying that in 2006 the Town has purchased $17,339.13 worth of parts and materials from Farmington NAPA and $7227.24 from Sanel Auto Parts.  And that when purchasing decisions on where to buy the items are based strictly on cost, quantity and quality.  Marty commented that he was aware of these amounts before he raised the subject but believes that extra $7000 could still have been spent in town.  Bill added that maybe if Joel talked to the owner of NAPA and told them the competitor’s prices maybe they negotiate some prices.
3.  Gerry questioned if Kathy Seaver has town employees scheduled to help breakdown after the elections.  Paula said she believed so but she would check.
4.  Gerry thanked Bill stepping in and assisting the Board in their time of need and Bill thanked the Board for giving him the opportunity to work with them.
5.  Paula added a thanks to Megan Taylor and Pam Merrill for all their hard work in getting the Town Report done.
6.  Marty stated that the inner doors are installed in the Old Town Hall.
 
Paul Parker moved to go in non-public session under RSA 91-A:3.2.e, Bill Tsiros seconded.  Roll Call - Marty Gilman (yes), Bill Tsiros (yes), Paula Proulx (yes), Paul Parker (yes) and Gerry McCarthy (yes).

Gerry McCarthy moved to adjourn, Marty Gilman seconded.  Motion passed with all in favor.
Meeting adjourned at 9:34pm.

Respectfully Submitted,

Brandy Sanger
Recording Secretary



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



_____________________________                   _____________________________
Martin Gilman                                           William Tsiros


____________________________
Gerald McCarthy