TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, June 4, 2007
Selectman Present: Chairman Gerald McCarthy, Martin Gilman, Paula Proulx, Joan Funk and Joel Chagnon.
Public Present: Tom Magruder, Brian Emery, Packy Campbell, Stephen Dean, Steven McDuffie, Code Enforcement Officer Dennis Roseberry, Ed Mullen and Public Works Director Joel Moulton.
Chairman Gerry McCarthy opened the meeting at 6:00pm.
1. Public Input:
A. Tom Magruder, resident of Tall Pine Road, asked the Board to consider maybe recording the man-made trench as a stream that goes through the Town owned property on Tall Pine Road. He is concerned that if the Town sells the property and someone was to build on it then the drainage could be compromised to all the abutting properties. Marty Gilman asked if there is an association for this private development and Mr. Magruder responded yes and no. The homeowners get together to pay for the road maintenance but they are not organized other than that. The Selectmen will walk the said property and discuss options at a future meeting.
B. Brian Emery, resident of 1 Charles Street, asked if the Town has any plans to correct the drainage issues on Charles Street so that his property will stop washing away with each heavy rain storm. Gerry asked Joel Moulton what the status of the area is and Joel responded that he has made several calls to District 6 NH DOT, who would be responsible for this extensive work and they told him they were working on it. Joel Chagnon asked if Mr. Emery could contact District 6 by himself and Joel Moulton responded it couldn't hurt.
C. Packy Campbell informed the Board that he is in favor of the Road Review Policy they are reviewing but wanted to point out a few concerns he has. First he would like the phrase "negative fiscal impact" defined and he his unsure if there is company that would bond a road for 5 years. He also asked if the bonding requirement would be for what had not been completed yet or for work performance and/or maintenance. Mr. Campbell also suggested the Board look at the requirement for an "as-built" survey because a marked up copy could do the same thing but be less costly. The Selectmen thanked Mr. Campbell for his comments and will consider them when reviewing the policy later in the night.
2. Review of Minutes:
1. Joan Funk moved to accept the public minutes of 5-24-07 as written, Marty Gilman seconded. Motion passed with Joel Chagnon abstaining because he was not present for the meeting in its entirety.
2. Joan Funk moved to accept the non-public minutes of 5-24-07 as written, Marty Gilman seconded. Motion passed with Joel Chagnon abstaining because he was not present for the meeting in its entirety.
3. Junkyard License Renewal for Steven McDuffie:
Dennis Roseberry informed the board that Mr. McDuffie has an unusual situation on his property where he does not operate a typical junkyard, he has antique vehicles in which he sells as a whole not in parts. Dennis stated that in his conversations with Mr. McDuffie he would like to be able to continue to put vehicles out front of his property for sale. According to an RSA regarding junkyards the rules are very specific that there are to be no vehicles outside the fenced area and that you can not have a junkyard and a dealership at the same location. Mr. McDuffie stated he is looking into a Auto Recycling Dealership License but does not believe he is a new business and believes his current way of business should be grandfathered against the RSA. Dennis stated that could be possible if Mr. McDuffie could provide the
Town with proof that he has been selling whole vehicles (antiques) on a weekly basis for the past numerous years. The proof would need to include some type of financial statements,( ie. w-2s); and could possibly include statements from previous clientele. Dennis would like to see the board have Mr. McDuffie's 2008-license renewal contingent upon him putting up a fence to enclose the vehicles per the RSA.
Marty Gilman motioned to renew Steven McDuffie's junkyard license with his 2008 license being contingent upon him installing a fence per the RSA and that he can operate his current business as is but needs to pursue a different type of license to work toward compliance, Joel Chagnon seconded. Discussion followed that Mr. McDuffie may need to go in front of the Planning Board when applying for grandfathering or a different type of license. Paula Proulx asked Dennis if the Board was to approve this license would they be in blatant disregard for the law. Dennis replied no because the State does not want to close businesses but would like to get everyone in compliance so they are eager to try to help. Motion passed with all in favor.
4. Public Works Updates:
A. Joel Moulton, Department Head, reported that the Sheepboro Road Bridge should be completed this week if the weather holds.
B. Joel Moulton encouraged all residents to file individual claims with FEMA as soon as possible and that all the necessary forms are in the Municipal Offices.
C. Joel Moulton stated that FEMA will be in town on June 15th and he will be taking them around town to each individual property and location that was effected by the April Nor'easter.
D. The Army Corps gave Joel Moulton an estimate of $50,000 for the work that needs to be done on the dike that was included in the 1957 Project Plan.
Joel Chagnon excused himself at 7:12pm to attend the School Board Meeting.
E. Joel Moulton requested the Board approve the Free Demolition Debris Day at the Landfill on June 16th that was previously discussed. The Board said it was a great idea and to move ahead with the notification to the residents.
F. Joan Funk questioned if Joel Moulton had addressed the signage issues for Memorial Drive and School Street. Joel responded that he received the signs just today and they would be installed. Gerry questioned if the Ten Rod Road area had been addressed as well. Joel responded that there is some work to be done in that area but for now he is going to move the stop sign and paint slow on the pavement to help with concerns.
G. Joel Moulton presented bids for 1600 feet of mixed culverts, he suggested the Board go with Barron Brothers Development, which came in at $16,000 and reminded the Board that some of the culvert will be reimbursed from FEMA. Marty asked if the culverts were budgeted for and Joel responded yes and he had some encumbered from last year. Marty Gilman moved to allow Joel Moulton to purchase 1600 feet of mixed culverts from Barron Brothers Development for $16,000, Paula Proulx seconded. Motion passed with all in favor.
H. Joel Moulton presented the board with a quote from Walnut Printing for $4890 for the landfill decals. Paula asked if these decals have a good adhesive and Joel responded that he was assured they would stick under all circumstances. Joan Funk moved to purchase the landfill decals from Walnut Printing for the amount of $4890.00, Paula Proulx seconded. Motion passed with all in favor.
I. Joel Moulton stated that the work being done at the Nubble Pond Dam is solely a State project and that he was unaware of the project until the contractor called him the day the work began.
5. Road Review Policy:
Joan Funk suggested replacing the word "and" for "or” in the first paragraph and all the Selectmen were in agreement that this would be a good change. Marty Gilman moved to accept the Road Review Policy as written except for the word "or" being replaced by "an" under the existing roads section paragraph one, Joan Funk seconded. Motion passed with all in favor.
Joel Chagnon rejoined the meeting at 7:38pm.
6. Town Policy:
The Board received comments/suggestions from Attorney Spector on the Policy and went through them one by one. All changes are marked on the Town Policy Draft. Some items that Ms. Spector noted needed some further investigations;
a. 1-3-1; 1-3-4 and 1-4-11(c) in which the vote of 4 Selectmen is needed was questioned for legality. Gerry informed the Board that he called Ms. Spector and asked her if this 4 vote requirement is actually illegal and her reply stated that it is a questionable area that could be bring forth a legal challenge. The Board was in consensus to have Gerry get Legal's comments on the legality of this 4 vote issue in writing.
b. 1-3-6 needs to be compared to the personnel policy;
c. 1-3-8(c) needs to be compared to the personnel policy;
d. 1-4-8 - Gerry will check to see if the CIP committee reports to the Planning Board or the Selectmen;
e. 1-6-1(a) - need to compare to RSA 607A:2
f. 1-10-1(a)(1) - Joan will check the Planning Board bylaws to see how many members they should have;
g. 1-10-1(b)(1) - Joel Chagnon will check the bylaws for the number of members.
7. Correspondence/Updates:
A. Gerry informed the Board that they should be moving back to their regular schedule of meeting the 2nd and 4th Mondays of each month. Ed Mullen questioned if that means the School Board can then meet in this room on the 1st and 3rd Mondays and Gerry responded yes.
B. The Town received a letter from NH Fish and Game requesting information on any boat access we have in Farmington. It was discussed that the only access we have is by the boat launch on the Cocheco River by the landfill entrance.
C. Coast Bus is holding a public form to discuss the needs of the different bus routes in Farmington. Paula reminded the Board that when Coast gave the Town the increase last year they stated that none of the routes would be deleted but it appears that is what might be happening. Gerry will ask Coast to meet with the Board if making any suggestions for changes to the schedule and/or routes.
Joan Funk suggested a 5 minute recess at 8:17pm.
Chairman McCarthy called the meeting back to order at 8:23pm.
D. Steve Dean thanked the Board and all involved for the painting and re-roping of the Downtown flagpole in time for the Memorial Day festivities. He also asked the board to have the Town issue the check to the Legion for the parade. Gerry responded that it is in the budget and he will have Pam Merrill issue the check this week. Marty requested that Mr. Dean look into purchasing a smaller flag for the Downtown because when the wind is blowing the pole is swaying 16-24 inches as a result of the weight of the flag. Mr. Dean will look into other sizes. Marty reminded him that he might be able to get a flag from the postmaster.
E. Christopher Davis requested a Hawkers and Peddlers License to operated a pre-packaged ice cream truck business. Marty asked him if he is allowed to have his truck parked in his residence and Mr. Davis responded he can park his one truck in his driveway, he just can't sell ice cream from his driveway. Mr. Davis responded that he has all the required state licenses he just needs permission from the Town to sell ice cream in town. The Board was in consensus to let Gerry sign the application after speaking with the Police Chief and getting his okay on the application. Joel Chagnon asked Mr. Davis to be mindful of times he is near the schools so that he does not impact the school children trying to get home. Also, Joel asked him to be mindful that when he is near the 500 Boys and Girls fields that he
will be taking away from the money being earned at the concession stand that helps fund the programs.
Marty Gilman moved to go in non-public session under RSA 91-A:3.2.(a) and (b), Joan Funk seconded. Roll Call - Martin Gilman (yes), Joan Funk (yes), Paula Proulx (yes), Joel Chagnon (yes) and Gerry McCarthy (yes).
Joan Funk motioned to adjourn, Marty Gilman seconded. Motion passed with all in favor.
Meeting adjourned at 9:58pm.
Respectfully Submitted,
Brandy Sanger
Recording Secretary
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Chairman, Gerald McCarthy Vice-Chairman, Martin Gilman
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Paula Proulx Joel Chagnon
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Joan Funk
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