TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, July 9, 2007
Selectman Present: Chairman Gerald McCarthy, Martin Gilman, Paula Proulx, Joan Funk via telephone and Joel Chagnon (arrived at 9:05pm.)
Public Present: Jane Wingate, John Wingate, Public Works Director Joel Moulton, Steven Dean, Susan Loker, Anna Dickey, Cyndi Paulin, Fire Chief Richard Fowler, Town Assessor David Wiley, Ann Titus, Margaret Russell and Cindy Snowdon.
Chairman Gerry McCarthy opened the meeting at 6:04pm. Chairman McCarthy informed the Board and the Public that Joan Funk would join tonight's meeting via the telephone over the speakerphone.
1. Public Comment
A. Jane Wingate asked if the Board would release the information that was given to them from Legal Counsel regarding the legality of requiring a vote of four to hire an administrator.
Joan Funk motioned to keep the correspondence form legal regarding the rule of four confidential, Marty Gilman seconded. Discussion followed that Gerry McCarthy has no problem releasing this information to the public and Paula added that it was just a written opinion from the attorney. Motion failed with Marty Gilman and Joan Funk in favor and Gerry McCarthy and Paula Proulx against.
B. Anna Dickey stated that last fall it was noted that the Old Town Hall is in need of a sprinkler system. She questioned if there are plans to install a sprinkler system because she is concerned with the number of children and elderly that frequent the building with this fire safety apparatus. Marty Gilman responded that the sprinkler system is being worked on.
C. Cindy Snowdon, President of the Campbell Commons Homeowner's Association, asked if the Town Assessor, David Wiley had any new information. David Wiley stated that the common area has a zero land value and that the residents of Campbell Commons are not being taxed on the land but on the right to use the land that is included in their deeds. He suggested an approximate $13,000 decrease in the assessed values of the properties, in which the tax cards have already been changed and will be reflected on the 2nd tax bill in December of 2007.
Ms. Snowdon questioned why the land owner of the common area is not being taxed. Mr. Wiley responded that there is a zero value to the common area. Ms. Snowdon requested a written response from the Board of Selectmen regarding this issue and a letter dated June 14, 2007 from the association's attorney. Mr. Wiley responded he had drafted a written reponse and will forward it to the Board.
D. Susan Loker questioned why Ms. Spector and Tim Bates (town counsel) are giving different opinions on the legality of requiring a vote of four to hire an administrator. Paula responded that Paul Parker's comments in the February 2007 meeting did not reflect that he did not directly ask the question of whether it was legal or not, it was merely his opinion. Paula asked the residents of Farmington to stop arguing this point because she was no longer interested in obtaining the job of Town Administrator but respectfully asked the Chair to get a response from Legal Counsel as to what should be done with the 3-1 vote to hire her, because she feels there may be a conflict of interest in her voting for or against the hiring of a new administrator. Gerry McCarthy responded that there is not a definite answer to
this question and probably the only way anyone would get a solid answer is by challenging it in court.
E. Steve Dean informed the board that upon inspection of the rope on the Downtown Flagpole a new rope will be needed and that the 10 X 15 foot flag is $159.00. Gerry thanked Mr. Dean for looking into the prices of the flag and stated that Mr. Dean should be the only person who raises and lowers the flag.
F. Margaret Russell informed the Board that she spoke with Paul Parker and that he told her he never directly asked Ms.Spector if it was legal or not to require a vote of four to hire an administrator. Gerry responded that this has been established.
G. Jane Wingate questioned why this policy to require a vote of four was ever created. Joan Funk responded that when the policy was created, when Ernie Crevlin was Administrator, Legal Counsel told the Board that a more stringent policy than the RSA was legal.
2. Review of Minutes:
A. Marty Gilman motioned to accept the non-public minutes of 6-11-07 as written, Joan Funk seconded. Motion carried.
B. Marty Gilman motioned to accept the public minutes of 6-25-2007 as amended with one word change, Paula Proulx seconded. Motion carried with Joan Funk abstaining because she was absent.
C. Paula Proulx motioned to accept the non-public minutes of 6-25-07 as amended to strike the comment that the legal memo was attached to the minutes, Marty Gilman seconded. Motion carried with Joan Funk abstaining because she was absent.
3. Discussion with Preservatioin Guild in regards to LNA class:
Cyndi Paulin asked for the Board's permission to host a Red Cross LNA class in the Town. Normally, the classes that are offered are held at the high school but because the class requires the use of 6 hospital beds and there storage, Cyndi is requesting to use the fire station. Cyndi reported that the Fire Chief was okay with this arrangement. Gerry questioned if there was any cost to the town and Cyndi responded no. Gerry also questioned the fire safety of using the building. Fire Chief Fowler responded that the building is currently used for groups of 15-20 people like the boyscouts and he is not concerned with that many people being able to exit the building in an emergency it is more for upwards of 25 people where it would be a concern. Gerry also questioned the handicapped accessibility.
Cyndi responded that since the class participants would need to be able to lift for the class she does not forsee that being an issue. Marty Gilman motioned to approve the Red Cross LNA class being offered at the Farmington Fire Station, Paula Proulx seconded. Motion carried with all in favor.
4. Fire Department:
Chief Fowler informed the Board that an EMT was injured when he closed the pedestrian door of the Fire Station and was hit by an awning that fell off the building. He reported that the EMT is doing well and should be returning to work at the end of this week. Chief Fowler asked the Board to have the area looked at for stability and safety before the winter when the weight of snow could cause issues.
5. Public Works Issues and Updates:
A. Public Works Director, Joel Moulton stated that he would like to purchase 520 cubic yards of wood ash at $12.50 a yard to complete the removal of the sludge at the lagoons. Joel reported that this money is in his budget. Marty Gilman motioned to allow Joel Moulton to purchase the 520 cubic yards of wood ash at $12.50 a yard for the removal of the sludge at the lagoons, Joan Funk seconded. Motion carried.
B. Joel Moulton requested that the Board consider letting him rent an additional excavator so that his department can complete the slope maintenance project. He stated there is money for this one-month rental in his landfill budget and would allow hime to utilize all his employees and complete the project. Paula Proulx motioned to allow Joel Moulton to rent the excavator, Marty Gilman seconded. Motion carried.
C. Joel Moulton has received request to install "Caution Children At Play" signs on Reservoir Rd. and Chestnut Hill Rd. The Board agreed this would be okay.
D. Joel Moulton informed the Board that the FEMA inspections have been started and should be completed during the week of 7/16/2007, but that so far the field inspector says everything looks good.
E. Joel Moulton reported that the Army Corps is preparing a preliminary engineer report for the river.
F. Joel Moulton stated he requested three bids for the paving of roads that were damaged as a result of the flood, he received two bids back. Joan Funk questioned why Joel's men could no do the paving. Joel responded that it is actually cheaper and 75% refundable by FEMA if the work is contracted out. The Board requested a list of the roads to be paved. Joel said that he will get them the list and it is okay to postpone this work until the next meeting but he would really need an answer at the next meeting. This discussion was tabled.
G. Joel Moulton provided the Board with a summary of the engineer report for the Ten Rod Road Bridge. He would like to put this work out to bid within the next month and therefore requested the Board's permission to continue with the preliminary plans while waiting for a written DOT approval, though already got verbal approval. Paula Proulx motioned to allow Joel Moulton to proceed with the preliminary plans while waiting for written DOT approval, Marty Gilman seconded. Motion carried.
H. Joel Moulton provided the Board with quotes for the purchase of a plate compactor and a two-inch trash pump. Marty Gilman moved to allow Joel Moulton to purchase the plate compactor and 2" trash pump, Paula Proulx seconded. Motion carried.
I. Joel Moulton stated he received a letter from NH DES stating the Town was in non-compliance in their fuel containment area. He stated he is working with Dale Sprague to investigate what needs to be done to bring the Town into compliance.
J. Joel Moulton stated that due to multiple medical issues with personnel at the landfill he is having a difficult time staffing two attendants at the landfill on some Saturdays. He would like permission to advertise for a floater/substitute that could fill in on an as needed basis. Joan Funk asked if he is going to go through the application process and Joel responded yes. Marty Gilman motioned to allow Joel to advertise for a floater/sub for the landfill on an emergency basis only, Joan Funk seconded. Motion carried.
6. Farmington Lions Club:
The Lions Club donated $300 for the purchase of new rope and a new flag for the Downtown flagpole. They also donated $700 for the purchase of Downtown Christmas Lights. The Board graciously thanked them for their donations.
7. Trustees of the Trust Funds/ Leon Hayes Fund:
Gerry McCarthy stated that he spoke with the Attorney General, Terry Knowles and asked her is she would accept the Town returning $20,000 back to the Leon Hayes Fund and then making $3000 yearly payments over the course of the next three years to make up the balance. Ms. Knowles told Gerry that this would be satisfactory as long as she got this commitment in writing. Marty Gilman motioned to return the $20,000 that was given to the Town Hall Restoration Project back to the Leon Hayes Fund and then make $3000 yearly payments over the next three years to replenish the Fund to its appropriate principal, Joan Funk seconded. Motion carried. Gerry noted that he will have Megan Fetter, Town Secretary, draft this letter to Ms. Knowles.
Joan Funk asked John Wingate if he looked into the other trusts to make sure there were no other discrepancies. Mr. Wingate responded that he only found one other error with the Simpson Cotton Fund in which some of the principal was expended to repair the grandstand at Fernald Park though that fund as just about replenished itself.
Susan Loker questioned if returning the $20,000 will effect the installation of the sprinkler system. Marty responded somewhat but the water line has already been purchased and the system has been put out to bid. Ms. Loker suggested using the two other trusts that can be used for town benefit, that have about $15,000, to put money back in the restoration fund.
Margaret Russell stated that she believes the Attorney General stated that the Leon Hayes Birthday Ball still needed to be held regardless if the money was in the trust or not. Gerry responded that he will call Ms. Knowles to find out.
Paula Proulx asked Mr. Wingate if the trustees have applied for a deviation like the Attorney General suggested and he responded not yet. Mr. Wingate informed the board that the Trustees are having a public hearing to amend minutes on July 26, 2007 at 5pm.
8. Response from Contractual Planner on Request for Waiver of Fees by Orvis/Drew:
Marty Gilman motioned to reimburse Orvis/Drew the $82.50 fee, Joan Funk seconded. Motion carried with all in favor.
9. Campbell Commons Road and Pump Station Issues:
A. Gerry stated that the Town received a request on 5/8/2007 from Packy Campbell on behalf of the Campbell Commons Homeowners Association to accept Sky View Drive and Whippoorwill Ridge Road as Class V town roads. Gerry stated that the Town has a road acceptance policy and that roads have to be accepted by the legislative body not the Selectmen, however the Road Agent and Code Officer are currently looking into the roads so they can make recommendations to the legislative body as to whether or not to accept the roads or not and why.
Cindy Snowdon stated that Mr. Campbell has no right to request anything on behalf of the Homeowner's Association and would like a copy of this letter. Paula Proulx motioned to not accept Sky View Drive and Whippoorwill Ridge Road as Class V town roads, Marty Gilman seconded. Motion carried with all in favor.
Joan Funk motioned to send the drafted letter as proposed, Marty Gilman seconded. Motion carried with all in favor.
B. Gerry stated that the Town received a request on 5/7/2007 from Packy Campbell on behalf of the Campbell Commons Homeowner's Association to accept the ownership and responsibility for the operation, maintenance and repair of the underground water and sewer services in the Campbell Commons Development. Joan Funk motioned to deny the request to accept the underground water and sewer services in the Campbell Commons Development, Marty Gilman seconded. Motion carried with all in favor.
Joan Funk motioned to send the drafted letter as proposed, Marty Gilman seconded. Motion carried with all in favor.
10. Updates/Correspondence:
A. Gerry stated that a fax from Attorney General Terry Knowles stated that the library is part of the municipality and eligible to receive charitable donations and therefore he surmised that the library can be part of the Town's fuel bid.
B. Megan Fetter, Town Secretary, questioned if the Board would like the non-public minutes posted on the website. Gerry stated that he would like to revisit this question at the next meeting when the board can go through previous non-public minutes to make sure they are unsealed if they can be, before any are posted.
C. Megan Fetter proposed creating a "Welcome Package" for the Town. Joan Funk motioned to have Megan prepare a "welcome package" as she proposed, Marty Gilman seconded. Motion carried with all in favor.
D. Bernard Traeger requested that the Board reconsider selling him the Town property on Tall Pine Road. Marty Gilman moved to not reconsider selling the Town property, Joan Funk seconded. Motion carried with all in favor.
E. Joan questioned if the Town Clerk office renovation should be put off until the Town finds out if the SAU is going to move out of the upstairs. Kathy Seaver stated it wouldn't matter is there was more room upstairs because her office needs to be in sight of her employees and they work has been contracted to commence next week. The Board agreed to move ahead with the office renovation.
Joel Chagnon arrived at 9:05pm.Marty Gilman motioned for a five minute recess, Paula Proulx seconded. Motion passed. Meeting recessed at 9:06pm.Gerry McCarthy reconvened the meeting a 9:13pm.
Marty Gilman moved to go in non-public session under RSA 91-A:3.2.(b) and (e), Joan Funk seconded. Roll Call - Martin Gilman (yes), Paula Proulx (yes), Joel Chagnon (yes), Joan Funk (yes) and Gerry McCarthy (yes).
Marty Gilman motioned to adjourn, Joel Chagnon seconded. Motion passed with all in favor.
Meeting adjourned at 9:47pm.
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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