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Board of Selectmen Meeting 5-21-07
TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, May 21, 2007

Selectmen Present:  Chairman :Gerald McCarthy, Paula Proulx, Joan Funk, Martin Gilman and Joel Chagnon joined the meeting at 7:28pm.

Public Present:   Code Enforcement Officer Dennis Roseberry, Stephen Dean, John Adams, Harold Butt, Sharon McKinney, Packy Campbell, RSA Attorney Shannon, Darcy Adams, Doreen Hayden (Planning Secretary) and Tracy Major.

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

1.  Public Comment:
A. Gerry McCarthy informed the public that the initial air quality test results for the Municipal building from the Scott Lawson Group came in.  The results read that there were no concerns in the latest test and that any concerns from the previous test were no longer present.
B.  Stephen Dean questioned when the downtown flagpole would be painted.  Marty Gilman responded that the Fire Chief has been charged with the task and they will get it done as soon as possible.

C.  John Adams questioned when repair work would commence on River Road.  Gerry responded that the Town is waiting for FEMA to go out and assess the damages and then a plan for repair will be created then.

D.  Packy Campbell of RSA Realty questioned if all three of his concerns were on tonight's agenda.  Gerry responded that they are.

2. Review of Minutes :
A.  Joan Funk moved to accept the public minutes of 4-30-07 as amended, Marty Gilman seconded.  Motion passed with all in favor.

B.  Joan Funk moved to accept the public minutes of 5-14-07 as amended, Paula Proulx seconded.  Motion passed with Marty Gilman abstaining.

C.  Joan Funk moved to accept the non-public minutes of 5-14-07 as written, Paula Proulx seconded.  Motion passed with Marty Gilman abstaining.

3.  Junkyard Permit Renewals:
A.  Harold Butt - Dennis Roseberry informed that this is not an active junkyard at this time and that the items identified last year were not acted upon.  He recommends 2007 license renewal with the 2008 license contingent upon removing eight of the vehicles and 50% of the tires.  Joan Funk moved to renew the junkyard license of Harold Butt with his 2008 license contingent upon him removing eight vehicles and fifty percent of the tires on the property.

B.  Steve McDuffie was not present; registered letters were sent to him informing him that his presence was requested for his license renewal.  Dennis will revisit Mr. McDuffie and send him a formal letter giving him 30 days to make arrangements to meet with the Board of Selectmen; if Mr. McDuffie does not comply a cease and desist order will be given.

4. Road Waiver for 37 Dubois Lane:
John and Darcy Adams requested a Road Waiver for 37 Dubois Lane.  Dennis Roseberry informed the Board that the contract planner, Julie LaBranche reviewed the request and asked the Adams to provide a Waiver of Liability to the Town and provide written documentation in the form of a recorded easement that this address is a Right of Way.  The Adams provided both items.  
There was some question as to if Dubois Lane is a ClassVI road because if it is no building permit would be issued.  Paula Proulx asked Dennis if RSA 674:41 applies to a Right of Way and Dennis responded no but Dubois Lane is unique because it could be considered a Class VI road or a Right of Way.  Joan Funk motioned to issue the Road Waiver contigent upon a written letter of approval from Julie LaBranche.  Motion failed due to lack of a second.  Gerry asked Dennis to get a written recommendation from Julie regarding this request and the Board will make their decision there after.

5. Appointment of CIP Committee:
Gerry stated that the following people would be appointed to the Capital Improvement Plan Committee; from the Planning Board, David Kestner; from the Budget Committee, Gail Ellis and Mike Morin; and from the Board of Selectmen, Marty Gilman and himself.  Gerry stated that he will set up the first meeting and from there the committee can elect its' own chair.

6. Discussion on Road Review Policy:
This item was tabled until the next meeting, though Gerry asked all Board members to note any changes they feel necessary for the next meeting.

7.  Request Approval for Additional hours for Planner for EDC Consult:
Paula, on behalf of the Economic Development Committee, asked the Board to approve four additional hours for the contract planner to assist the EDC on the Sarah Greenfield Business Park.  Paula informed the Board that Julie LaBranche (contract planner) stated she can give 2 hours for preparation, 2 hours for the meeting and 2 hours for follow-up.
Joan questioned how Julie can give these hours when she has no hours to assist the ZBA.  Doreen Hayden stated that she believed Julie has other commitments when the ZBA meets.  Paula stated that the ZBA can request that SRPC send another representative.  Joan asked Doreen to tell the ZBA Chairman this.
Gerry questioned if the survey done by Berry Surveying was located.  Doreen stated that she has not found any such survey in the Planning Office.  Gerry asked Paula to make sure the survey pins are cemented in if the Sarah Greenfield Business Park is surveyed.  Marty Gilman motioned to allow the additional four hours of the contract planner; for a total of 6 hours; to come out of the Sarah Greenfield fund, Joan Funk seconded.  Motion passed with all in favor.

8.  Discussion on Replacement of Doors at Municipal Office Building:
Gerry informed the board that Kathy Seaver did apply for the grant to replace the doors but she is unsure now if there are any funds available.  Gerry asked Kathy if a grant is received can the Town be reimbursed and Kathy replied she believed so.  Marty passed around two bids he received to replace the doors and informed the Board that the taking down of the threshold is being donated by a resident.  
Also, once the doors are installed the wooden framing on the outside of the door would need to be done.  Joan Funk motioned to contract Granite State Glass to replace the doors of the Municipal Office Building, Marty Gilman seconded.  Motion passed with all in favor.

Joan Funk motioned to go in non-public session under RSA 91A:3.2. b and c, Marty Gilman seconded.  Discussion followed that Paula would like to see the non-public session either at the beginning or the end of the meetings so to accomodate the public in attendance as well as the viewers at home.  The Board was in concensus to keep the non-public sessions at the end of the meetings.  Roll Call - Gerry McCarthy (yes), Paula Proulx (yes), Martin Gilman (yes) and Joan Funk (yes).

Selectman Joel Chagnon joined the meeting at 7:28 during the non-public session.

Joan Funk requested a 10 minute recess.  Chairman McCarthy recessed the meeting at 7:34pm.

Meeting reconvened at 7:42pm.

9.  Updates/Correspondence:
A.  Citizen Complaint - The Board received a letter from Frank Jackowski requesting the Board to address the "junk" and "trash" his neighbor has piled in his yard.  Gerry informed the Board that the State was contacted and their assessment was there was no health risks present, so there is nothing the Town can do; it is a neighbor dispute.

B.  RSA Correspondence - The Board received numerous correspondence from RSA Realty .  Gerry informed the Board that he followed Mr. Campbell's advice and forwarded them all to Legal.  Mr. Campbell stated that, it is one of the conditions of approval that the Selectmen would decide to accept or deny the water and sewer lines in Campbell Commons and questioned if the Board was prepared to do so.  Gerry responded that the Board tasked the Planning Board to check for compliance at Campbell Commons and will not make any decisions until after they receive a recommendation from them.  Joan questioned Mr. Campbell as to whether or not he owns the water and sewer lines at Campbell Commons since he is petitioning to get them accepted by the Town.  Mr. Campbell was vague in his reply.  He stated yes, but he needs to be careful because of the impending legal issues between RSA and the Homeowner's Association and that he would prefer not to get into that with the Town.  Marty asked Mr. Campbell to take care of the faulty gate valve that he has been receiving complaints about.  Mr. Campbell stated again, that his hands are tied in what he can do because of the legal issues.
Gerry called for the discussion to end, stating that the Planning Board with the help of the Code Enforcement Officer, Legal and the Planner are checking for compliance and Mr. Campbell would hear from the Town after that.  Mr. Campbell requested that the Planning Board give him notice when they will be doing a site walk so he can ensure their safety; stating that last time a gentleman was almost caught in a blast due to an unannounced visit.  Tracy Major, a resident of the development, asked that the Homeowner's Association be notified as well.
RSA Realty's attorney, Mr. Shannon requested permission to call Attorney Bates to get a discussion going on these proceedings.  Gerry responded that he would like to talk to Attorney Bates before hand.  Attorney Shannon asked if it would be okay to send a quick fax requesting Attorney Bates to contact him after his discussion with the Selectmen.  Gerry responded that would be okay.

C. Primex Worker's Compensation - Marty Gilman motioned to accept the Primex 3 year contract for Workman's Compensation, Joel Chagnon seconded.  Motion passed with all in favor.

D. Request to Purchase Town Property - Bernard Trager requested, in writing, the Board consider letting him purchase Lot 26 off of Tall Pine Road.  The Board was in concensus to check with Kathy Seaver and Bonnie to get all the relevant information so they can make a responsible decision at the next meeting.

E. Purchasing Regulations - Joan Funk motioned to accept the Town Purchasing Regulations as amended on 5-14-2007, Marty Gilman seconded.  Motion passed with all in favor.

F. Paula informed the Board that during the EDC meeting Cyndi Paulin brought up the Transportation Sidewalk grant again, in which she needed a committee formed.  The committee decided to get involved with this grant process and contacted the Superintendent and Lt. Willey for assistance thus far.

G. Joan informed the Board that the Downtown Committee asked Cyndi Paulin to research any grants that might be available to purchase property for Town use.

H. Joel questioned if resident, Ilene Emery, was ever given any assistance with her driveway that was destroyed in the April flooding due to work that was done further up Charles Street.  Gerry responded that the Highway Department dropped off the load of loam she needed.

Joel also questioned how this Board could go about getting stop signs installed; he feels that the Orange Street and School Street intersection should definately be a 3-way stop for safety reasons.   The Board was in agreement and mentioned that signage is needed on Ten Rod Road and Meaderboro Road and on School Street down by the school identifying it as a one way street.  Joel will write-up these recommendations and forward them to Chief Roberge.

Joel Chagnon motioned to adjourn, Marty Gilman seconded.  Motion passed.

Chairman McCarthy reminded the Board and the public there will be no Board of Selectmen meeting on Monday, May 28,2007.

Meeting adjourned at 8:19pm.

Respectfully Submitted,

Brandy Sanger
Recording Secretary


_____________________________           ____________________________
Chairman, Gerald McCarthy                       Vice-Chairman, Martin Gilman

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Paula Proulx                                            Joel Chagnon

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Joan A. Funk