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Selectmen Minutes 8/9/2010
TOWN OF FARMINGTON
BOARD OF SELECTMEN
PUBLIC MEETING MINUTES
Monday, August 9, 2010
356 Main Street, Farmington, NH

Selectmen Members Present: Paula Proulx, Gerry McCarthy, Charlie King, Gail Ellis and Joan Funk.

Town Staff Present: Interim Town Administrator Alan Gould, Police Chief Scott Roberge, Lt. Kevin
Willey, Code Enforcement Officer Dennis Roseberry, Patrol Officer John Swift, Patrol Officer Scott
Orlando, Corporal McNeil, Detective Brian Driscoll, Det. Drury, Officer Matt Embry and Town Clerk
Kathy Seaver.

Public Present: Neil Johnson, Joanne Doke, Steve Dean, Beverly Bloechl, Lynn Olden, Christopher
Neal and Steve Olden
Chairman Proulx called the meeting to order at 6:00pm.
  • Public Comment:
  • Steve Dean, Commander of American Legion, explained that he did some research into flag protocol and found that if the Governor or President orders the flags at half mast then they should stay that way for three days.  If a veteran or state dignitary passes away then the flag flies at half mast for 2-3 days depending on when the service is on.  Gail asked who is notified and Mr. Dean replied the state calls him or he hears it on the television.  Joan asked Mr. Dean to explain the protocol for proper disposal of flags and he explained that they can be brought to his home and he has several flag burning ceremonies with the cub scouts over the year.  
  • Steve Olden, resident, informed the Board that he has been discouraged by the appearance of the downtown area.  Gerry replied that the town has been working but it takes time and a legal process to do anything.  Code Enforcement Officer, Dennis Roseberry explained that he is fully aware of the situation but the reality is that property owners have rights and they have to be given notification through certified mail and then after a two contact tries he has to turn the complaint over to town counsel.  Beverly Bloechl stated she is concerned about the safety of the children in town with the conditions of the garbage piled up in yards.  Lynn Olden stated that the Town needs to find a way to work legally but more expediently on these trash issues.  She then asked if it would be possible to have a free trash day when everyone can work together and pick up the trash in town.  Chief Roberge stated that if the trash is seen on the sidewalk then the police station can be notified because then it is a police matter.
  • Employee Recognitions:
Lt. Kevin Willey explained that five Farmington Police Officers will be receiving Commendation Bars tonight noted as Distinguished Unit Action Awards because of their outstanding team work over several instances.  First in June 2010 there was a rash of burglaries in town and Corporal McNeil and Officer Scott Orlando worked together to solve those crimes.  Then in another burglary instance Patrol Officers John Swift, Scott Orlando and Matt Embry and Detective Brian Driscoll worked together in a timely manner to solve these crimes.  Police Chief Scott Roberge awarded the recipients the Commendation Bars.

  • Review of Minutes:
  • Joan Funk motioned to accept the 7-26-10 public minutes as written, 2nd Charlie King.  Motion withdrawn
  • Gail Ellis motioned to table the public minutes of 7-26-10, 2nd Charlie King.  Motion carried with all in favor.
  • Joan Funk motioned to table the non-public minutes of 7-26-10 A and B, 2nd Charlie King.  Motion carried with all in favor.
  • Town Clerk:
  • Town Clerk Kathy Seaver explained the grant documents for the town records preservation need to be signed in order for the 90% to be received for the grants.  Kathy explained she was able to get two books completed with this grant and they have already been sent out. When the check comes in the Board will need to hold a public hearing to accept the funds.  Joan Funk motioned to allow Paula Proulx to sign the grant documents, 2nd Charlie King.  Motion carried with all in favor.
  • Code Enforcement:
  • Junkyard License Renewals -
Dennis recommended that the Board approve the junkyard license renewal for Bill Baxter, Harold Butt, and Randy Lapierre.  Charlie asked if any of these owners have outstanding conditions from last year and Dennis replied no, they have all made significant strides on their lots and he has no concerns at this point.  Joan Funk motioned to approve the junkyard license renewals for Bill Baxter, Harold Butt, and Randy Lapierre, 2nd Gerry McCarthy.  Motion carried with all in favor.

Dennis explained that he does not recommend the license renewal for Steve McDuffee because he still has outstanding conditions of his license from last year that he has not met.  He has vehicles outside the fence, plus vehicles for sale and the vehicles are not drained as they are supposed to be.  Paula asked if Mr. McDuffee was invited to attend tonight’s meeting and Dennis replied yes, he was notified by mail, phone and certified mail.  Charlie asked what the next step will be if and when the Board does not approve his license renewal.  Dennis replied he would like to double check with town counsel on the exact course he needs to take.  Charlie King motioned to deny the junkyard renewal application by Steve McDufee of 371 NH Route 11 based on his non-compliance with previous conditions of approval being there are vehicles for sale, best management practices were not followed and the lack of fencing, 2nd Gerry McCarthy.  Motion carried with all in favor.

  • Hawkers Peddlers License ApplicationMr. Christopher Neal submitted an application to run his corn and vegetable stand at 257 NH Route 11 in the Denny’s upper parking lot.  Dennis suggested the Board require a site plan with hours of operation and have the police department verify the site will not cause an issue.  Charlie King motioned to approve the Hawkers and Peddlers License for Christopher Neal contingent upon the applicant supplying Dennis Roseberry with an approved site plan and hours of operation and sign off approval from the Police Chief, 2nd Gerry McCarthy.  Motion carried with all in favor.
  • Assessing:
  • Alan informed the Board that Gail Dodier, current owner of Mros’ Variety, has requested that the town consider a reduction to the assessment of her property due to the public parking which encroaches on her lot.  Dave Willey, the assessor wrote a memo stated that he would recommend a .5% deduction on land value accounts.  Board members felt the tax card needs to be reviewed to make sure it is correct because the tax card reads this is a three unit property and it is public information that there are actually four units attached to this card and it is also unsure of what the deduction is recommended at because the memo states both .5% and then 5%, it is also not clear who the memo is from.   Gail Ellis motioned to table this abatement request by Gail Dodier, 2nd Charlie King.  Motion carried with all in favor.
  • Paula read the memo that stated Keith and Maria Schloesser appealed their abatement denial to the Board of Tax and Land Appeals and after a meeting with Dave Willey an abatement of $64 plus interest and a reduction of $3,240 in the assessment.  It was unclear who the memo was from so the Board agreed to table.  Gail Ellis motioned to table the abatement for Keith and Maria Schloesser, 2nd Charlie King.  Motion carried with all in favor.
  • Wastewater Treatment Plant Change Order Updates:
Alan informed the Board that the change orders in front of the Board tonight were previously discussed but some of the figures were missing and are now plugged in.  Joan Funk motioned to approve the change orders totaling $6,752.39, 2nd Charlie King.  Motion carried with all in favor.

  • New Business:
  • Gerry reminded the Board that the road swap needs to be discussed and possibly approved before September 1, 2010 so therefore Joel Moulton should probably be scheduled to discuss the details with the Board.
  • Alan informed the Board that the Strafford Regional Planning Commission is looking for a letter of support for the future endeavors in investigations and planning for future development and transportation.  Charlie King motioned to authorize Alan to offer a letter of support from the Town, 2nd Gail Ellis.  Motion carried with Gerry McCarthy opposed.
  • Charlie stated he reviewed the draft Credit Card Policy and questioned the purpose of 3. (B) is, because it states the business needs to be incorporated.  Alan replied that he feels the intent was so there is an entity responsible and not a separate person.  Gail followed up by asking under what circumstances would a credit card be used for purchasing a service.  The Board discussed this topic and felt that the credit card should not be used to purchase any services. Paula stated her only concern was with the timeliness of the credit card payments.  Alan stated that the timeliness of payments is an internal manner and he addressed this with Pam today, the obligation to pay the bill is the Town’s and Pam should pay the bill right away and then chase down the Purchase Orders if needed.  Gail asked Alan to follow up and find out how many charge cards are out in the Town and who has them.  Alan suggested the cards that are out should be utilized by those only authorized to use them and then the Town Administrator should maybe have one for circumstances in which another department head needs to request permission to utilize a card.    
Charlie then read the section that stated a credit card purchase can be made to purchase a meal if they are out of town and Alan explained this would be for an overnight investigation or conference or something. The Board was in agreement that they would like this meal purchase to be definitively outlined in a separate policy.  Alan will make the suggested changes and forward back to the Board in a final format.
  • Alan informed the Board that the proposed Single Stream Contract came in today for the Board’s review and should probably be reviewed by Town Counsel.  The Board was in agreement that Alan should ask Counsel if they have already reviewed this contract because several towns will be reviewing the document.
  • Board discussed they would like to work on a vehicle policy in regards to how they are taken in and out of service, review the wage and class study with the benefits package, create a comp time policy and review the insurance policies.
  • Old Business:
  • Sign Service Contract for Grant Administrator for the Sewer Lines Project – Alan stated that town counsel suggested some changes that were not incorporated previously so this new, amended contract needs to be signed.  Both Alan and Kathy Menici approve the contract for signing.  Joan Funk motioned to authorize Paula Proulx to sign the service contract for grant administrator, Donna Lane, for the sewer lines project, 2nd Gerry McCarthy.  Motion carried with all in favor.
  • Updates:
  • Alan said the previous owner of the property that was taken by the town visited him today and was very distraught.  At this point he would like to talk with Kathy Seaver about the correct course of action.
  • Alan informed the Board that an enforcement letter did go out to Farmington Appliance and it appears that they are about half cleaned up just today.
At 8:08pm, Charlie King motioned to go in non-public session under RSA 91A.3.II (a), 2nd Gail Ellis.  Roll call – Paula Proulx (yes), Gerry McCarthy (yes), Gail Ellis (yes), Charlie King (yes), and Joan Funk (yes).
At 8:22pm the Board came back into public session and Paula announced that the minutes from the non-public session the Board just came out of were sealed.
At 8:23pm, Charlie King motioned to go in non-public session under RSA 91A.3.II (b), 2nd Gail Ellis.  Roll call – Paula Proulx (yes), Gerry McCarthy (yes), Gail Ellis (yes), Charlie King (yes), and Joan Funk (yes).
At 8:55pm the Board came back into public session and Paula announced that the minutes from the non-public session the Board just came out of were sealed.
At 8:56pm, Charlie King motioned to go in non-public session under RSA 91A.3.II (e), 2nd Gerry McCarthy.  Roll call – Paula Proulx (yes), Gerry McCarthy (yes), Gail Ellis (yes), Charlie King (yes), and Joan Funk (yes).
At 9:05pm the Board came back into public session and Paula announced that the minutes from the non-public session the Board just came out of were sealed.
  • Other –
  • Alan informed the Board that he is working to compile all the personnel files in town into one “filing cabinet” in the Municipal Building.  It was discussed that the Town Administrator should be the only person allowed access to these files.  Alan stated that at this point Pam has access to these files and it was discussed that though Pam has done a good job with the records, it might not be appropriate.  Paula stated that appropriate training should be given to any employee who has access to these records.
At 9:14pm, Joan Funk motioned to adjourn, 2nd Gerry McCarthy.  Motion carried with all in favor.

Respectfully Submitted,
Brandy Sanger
Recording Secretary
__________________________________                      ______________________________
Chairman Paula Proulx                                   Vice-Chairman, Gail Ellis

_________________________________                       ______________________________
Joan A. Funk                                                    Gerald McCarthy

________________________________
Charlie King