2003 TOWN MEETING MINUTES
March 12, 2003
Moderator, Thomas Huse opened the meeting at 7:15 PM. After a presentation of the flags by Boy Scout Troup 88, the Moderator led us in the Pledge of Allegiance. The Moderator then read the results of Articles 1-3 which were voted on the Official Ballot.
Article 1.
To choose one Selectman for one year, two Selectmen for three years, two Budget Committee members for one year, three Budget Committee members for three years, one Trustee of the Trust Funds for one year, one Trustee of the Trust Funds for three years and one Treasurer for one year. (Official Ballot)
Article 2.
Shall we adopt the provisions of RSA 40:13 (known as SB2) to allow official ballot voting on all issues before the Town of Farmington on the second Tuesday of March? (Official Ballot)
Article 3.
To see if the Town will vote to amend the Zoning Ordinance which was adopted March 13, 2001 (and subsequently amended on March 12, 2002) as follows:
· Amend Section 3.14 Housing and Other Standards, to require compliance with various construction codes and to require fencing and protective devices for swimming pools. This change will potentially affect anyone wishing to develop land or operate a swimming pool in Farmington.
· Amend Section 1.07 Interpretation, Administration and Enforcement, to outline the roles and duties of the Code Enforcement Officer. This change will potentially affect anyone wishing to develop land in Farmington.
· Amend Section 2.00 Base Zoning Districts, by reformatting the section, changing the notification for special exception from 15 days to 10 days, and adding Section 3.17 Special Exception General Standards. This amendment would also add a reference table for land use codes. This change will potentially affect anyone wishing to develop land in Farmington.
· Amend Section 4.04 Waterfront Protection Overlay District, to reformat this section. This Section has been revised with words and a diagram in order to clarify the point at which the prohibition begins for the waterways mentioned.
Approval of this Article is recommended by the Farmington Planning Board (Official Ballot).
Prior to the reading of Article 4 the Moderator announce that the Governor had proclaimed this to be American Red Cross month. A representative from the American Red Cross was in attendance and was recognized.
Article 4.
To see if the Town will vote to raise and appropriate the sum of $2,500.00 (Two Thousand Five Hundred Dollars) to be added to the Public Buildings Maintenance Capital Reserve Fund (established in 2000 by Town Meeting vote). The purpose of this fund is to offset the cost of expensive building maintenance activities such as roof replacement and other large-scale maintenance or repair projects. The Selectmen are the agents of this Capital Reserve Fund. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority vote required).
Sylvia Howard made a motion, seconded by Arthur Capello. After some discussion concerning the purpose of the fund, Mark McGowan made a motion to call the question, seconded by Mary Barron. This was approved by a show of cards vote. Article 4 was approved by a show of cards vote.
Article 5.
To see if the Town will vote to raise and appropriate the sum of $3,500.00 (Three Thousand Five Hundred Dollars) to be added to the Future Technology Improvements Capital Reserve Fund (established in 2000 by Town Meeting vote). The purpose of this fund is to offset the cost of future computer and communications technology needs for municipal operations. The Selectmen are the agents of this Capital Reserve Fund. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority vote required).
Michael Mains made a motion to approve, seconded by Manny Krasner. After some questions on the purpose of the fund, Linda Ghareeb made a motion to call the question, seconded by Mary Barron. This was approved by a show of cards vote. Article 5 was approved by a show of cards vote.
Article 6.
To see if the Town will vote to raise and appropriate the sum of $99,125 (Ninety-nine Thousand One Hundred Twenty-five Dollars) to be added to the previously established Fire Equipment Capital Reserve Fund in accordance with the 2003-2008 Farmington Capital Improvement Program. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Mary Barron made a motion to approve, seconded by Manny Krasner. Discussion centered on how much money is in the fund now and what the next expenditure would be. It was pointed out that there were handouts that spelled this out. Michael Mains made a motion to call the question, seconded by Linda Ghareeb. This was approved by a show of cards vote. Article 6 was approved by a show of cards vote.
Article 7.
To see if the Town will vote to raise and appropriate the sum of $28,854 (Twenty-eight Thousand Eight Hundred Fifty-four Dollars) to be added to the previously established Emergency Medical Motorized Equipment Capital Reserve Fund in accordance with the Farmington 2003-2008 Capital Improvement Program. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Arthur Capello made a motion to approve, seconded by Sylvia Howard. John Fitch spoke for the Selectmen on this article and Rick Gladding spoke for the Rescue Company. Article 18 and 19 were brought into the discussion as they are related articles. A motion and second were made to call the question. This motion failed by a show of cards vote. After more discussion, Mike Mains made a motion to call the question, duly seconded and approved by a show of cards vote. The show of cards vote was too close to call and we did a counted show of cards vote as follows: Yes 141
No 134
Walter Mills made a motion to go to Articles 18 and 19. This was duly seconded and approved by a show of cards vote.
Article 18.
To see if the Town will vote to raise and appropriate the sum of $96,850 (Ninety-six Thousand Eight Hundred Fifty Dollars) for the purchase of a new ambulance. The older of the two ambulances that the Town now owns would be sold and the newer ambulance would continue to be used as the back-up ambulance. (by petition) The Budget Committee does not recommend this article. The Selectmen do not recommend this article. (Majority vote required)
Gerald McCarthy made a motion to not accept, duly seconded. After some discussion, Mike Mains moved to call the question, duly seconded and approved by a show of cards vote. Article 18 was defeated by a show of cards vote.
Article 19.
To see if the Town will vote to raise and appropriate the sum of $20,000 (Twenty Thousand Dollars) to be added to the fire and ambulance equipment capital reserve specifically toward the purchase of a new ambulance. (by petition) The Budget Committee does not recommend this article. The Selectmen do not recommend this article.
Walter Mills made a motion to defeat, seconded by Arthur Capello. After some discussion, a motion to call the question was made, duly seconded and approved by a show of cards vote. Article 19 was defeated by a show of cards vote.
Mike Morin made a motion to restrict reconsideration of all previous articles, duly seconded. This was approved by a show of cards vote.
Article 8.
To see if the Town will vote to raise and appropriate the sum of $61,606 (Sixty-one Thousand Six Hundred Six Dollars) to be added to the previously established Highway Motorized Equipment Capital Reserve Fund in accordance with the 2003-2008 Farmington Capital Improvement Program. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Mary Barron made a motion to approve, seconded by Arthur Capello. After some discussion, Mark McGowen, made a motion to call the question, seconded by Mike Mains and approved by a show of cards vote. Article 8 was approved by a show of cards vote.
Article 9.
To see if the Town will vote to establish a Capital Reserve Fund entitled “Bridge & Road Design and Construction Capital Reserve Fund” for the purpose of setting aside annually the design, engineering and construction costs anticipated for road and bridge repair to be done in accordance with the 2003-2008 Farmington Capital Improvement Program and to raise and appropriate the sum of $73,500 (Seventy-three Thousand Five Hundred Dollars) to be added to said fund. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority vote required).
Arthur Capello made a motion to approve, seconded by Mike Morin. After some discussion, Mark McGowen made a motion to call the question, seconded by Jacqueline Capello and approved by a show of cards vote. Article 9 was approved by s show of cards vote.
Article 10.
To see if the Town will vote to establish a Capital Reserve Fund entitled “Recreation Equipment Capital Reserve Fund” for the purpose of setting aside annually for anticipated recreation equipment in accordance with the Capital Improvement Program and to raise and appropriate the sum of $8,000 (Eight Thousand Dollars) to be added to said fund. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority vote required).
Mary Barron made a motion to approve, duly seconded. Kerry Mucher, Recreation Director, explained the article. After some discussion, Mark McGowen made a motion to call the question, duly seconded and approved by a show of cards vote. Article 9 was approved by a show of cards vote.
Article 11.
To see if the Town will vote to raise and appropriate $225,000 (Two Hundred Twenty-five Thousand Dollars) for the purpose of final engineering and design and development of specifications and bid documents for final landfill closure and to authorize the withdrawal of $125,000 (One Hundred Twenty-five Thousand Dollars) from the Landfill Closure Capital Reserve Fund (established 1995) established for the purpose of engineering and closure of the landfill and $100,000 (One Hundred Thousand Dollars) from the Landfill Closure Capital Reserve Fund (established 1986) for the purpose of defraying costs associated with the closure of the Landfill. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Mark McGowen asked for a point of order to clarify whether we were raising and appropriating or spending. After an explanation of how these type of articles work, Arthur Capello made a motion to approve, duly seconded. The raising and appropriating and withdrawal issue was discussed further as well as landfill closure issues. Emmanual Krasner made a motion to amend to change the wording to say by way of withdrawal from the following two capital reserve funds clarifying where the money is coming from and emphasizing that there are two separate funds. This was seconded by John Scruton. After discussion, Arthur Capello made a motion to call the question, duly seconded and approved by a show of hands vote. The amendment was approved by a show of hands vote. Mary Barron
made a motion to call the question, seconded by Mark McGowan and approved by a show of cards vote. Article 11, as amended, was approved by a show of hands vote.
Article 12.
To see if the Town will vote to raise and appropriate $76,000 (Seventy-six Thousand Dollars) for the purchase of a new plow truck and authorize the withdrawal of up to $57,725 (Fifty-seven Thousand Seven Hundred Twenty-five Dollars) from the previously established Highway Motorized Equipment Capital Reserve Fund for said purchase, with the balance of $18,275 (Eighteen Thousand Two Hundred Seventy-five Dollars) to come from general taxation. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Jacqueline Capello made a motion to approve, duly seconded. After an explanation from Clark Hackett, Road Supervisor and discussion, Kevin Willey made a motion to change the wording to say by authorizing instead of and authorizing. This was duly seconded. A motion was made to call the question, duly seconded and approved by a show of cards vote. The amendment was approved by a show of cards vote. After discussion on plowing private roads and questions of clarification, John Scruton made a motion to call the question, duly seconded and approved by a show of cards vote. Article 12 was approved by a show of cards vote.
Article 13.
To see if the Town will vote to raise and appropriate $23,000 (Twenty-three Thousand Dollars) for the purchase of a police cruiser and to authorize the withdrawal of up to $4,000 (Four-thousand Dollars) of surplus funds from the Police Outside Details Special Revenue Fund to apply toward purchase, with the balance of $19,000 (Nineteen Thousand Dollars) to come from general taxation. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Mike Mains made a motion to approve, seconded by Arthur Capello. Discussion centered on the number of cruisers, what was being replaced, etc. Mike Mains made a motion to call the question, duly seconded and approved by a show of cards vote. Article 13 was approved by a counted show of cards vote as follows: Yes 162 No 78
A motion to restrict reconsideration on preceding articles was made by Mark McGowan, seconded by Mary Barron and approved by a show of cards vote.
Article 14.
To see if the Town will vote to raise and appropriate $32,500 (Thirty-two Thousand Five Hundred Dollars) for the purchase of two (2) stainless steel sanders and one (1) York Rake, as outlined in the 2003-2008 Capital Improvement Program and to authorize the withdrawal of up to $32,500 (Thirty-two Thousand Five Hundred Dollars) from the previously established Highway Motorized Equipment Capital Reserve Fund for said purchase. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Arthur Capello made a motion to approve, seconded by Sylvia Howard. Manny Krasner moved to amend to say by instead of and, seconded by Kevin Willey. A motion was made to call the question, duly seconded and approved by a show of cards vote. The amendment was approved by a show of cards vote. After a short discussion a motion was made, duly seconded and approved to call the question. Article 14, as amended, was approved by a show of cards vote.
Article 15.
To see if the Town will vote to raise and appropriate $45,000 (Forty-five Thousand Dollars) for the purchase of a new alarm system for the Fire Department to be funded by withdrawal of up to $30,000 (Thirty-thousand Dollars) from the previously established Fire Equipment Capital Reserve Fund for said purchase, with the balance of $15,000 (Fifteen Thousand Dollars) to come from general taxation. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Sykvia Howard made a motion, duly seconded. After determination that there were sufficient funds to take this all from capital reserve, a motion to amend to $45,000 from capital reserve and $0.00 from general taxation was made and duly seconded. After some discussion about the present system and an explanation by Fire Chief, Ky Goslin, Arthur Capello made a motion to call the question, seconded by Jacqueline Capello and approved by a show of cards vote. The amendment was approved by a show of cards vote. Article 14, as amended, was approved by a show of cards vote.
Article 16.
To see if the Town will vote to raise and appropriate the sum of $10,000 (Ten Thousand Dollars) as a donation to the 500 Boys & Girls Club for the express purpose of the purchase of property along the Paulson Road to establish ball fields to remain under the ownership and management of the 500 Boys & Girls Club. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required)
Brad Anderson made a motion to move Article 16 to just before Article 22, because they are related. Manny Krasner seconded this and it was approved by a show of cards vote.
Article 17.
To see if the Town will vote to adopt the provisions of RSA 31:95-c to restrict one hundred percent (100%) of revenues from the private rental of the hall in the Farmington Fire Station to expenditures for the purpose of maintaining the Farmington Fire Station facility. Such revenues and expenditures shall be accounted for in a special revenue fund known as the “Fire Station Maintenance Special Revenue Fund,” separate from the general fund. Any surplus in said fund shall not be deemed part of the general fund accumulated surplus and shall be expended only after a vote by the legislative body to appropriate a specific amount from said fund for a specific purpose related to the purpose of the fund. The Budget Committee recommends this article. The Selectmen recommend this article. (Majority ballot
vote required).
Sylvia Howard made a motion to approve, seconded by Jacqueline Capello. After much discussion on the merits and need for this, Vernon Bonar made a motion to amend to change the last line to not have to go back to Town Meeting to spend. Barry Elliott suggested that we just defeat the article and leave things the way they are. Vernon Bonar withdrew his amendment. John Scruton made a motion to table, seconded by Matt Scruton and approved by a show of cards vote.
A motion was made to table Article 20 until after Article 29. This was duly seconded and approved by a show of cards vote.
Article 21.
To see if the Town will vote to appropriate the sum of $35,000 (Thirty-five Thousand Dollars) for the purpose of paying salary and benefits of an additional police officer. (by petition) The Budget Committee does not recommend this article. The Selectmen do not recommend this article.
Gerry McCarthy made a motion to defeat, seconded by Brad Anderson. Much discussion ensued on the merits and need for this. Vernon Bonar made a motion to call the question, seconded by Mike Mains and approved by a show of cards vote. A petition was presented to make this a ballot vote. Article 21 was defeated as follows: Yes 110 No 82.
Article 16 was then brought up as moved earlier. A motion was made and duly seconded to approve. Brad Anderson and Daniel Woodman presented background information.. After some discussion, John Scruton made a motion to call the question, seconded by Manny Krasner and approved by a show of hands vote. Article 16 was approved by a show of cards vote.
Article 22.
To see if the Town will vote to raise and appropriate the sum of $4,397,288 (Four Million Three Hundred Ninety-seven Thousand Two Hundred Eighty-eight Dollars) for the operation, expenses, and commitments of Town Government which represents the bottom line of column No. 8 (The Budget Committee’s Budget) in the posted budget (MS-7). The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority vote required).
Brad Anderson made a motion to amend to increase the appropriation to the conservation commission operating budget from $2,800 to $99,800, and to authorize the Town to accept federal funds through the Land and Water Conservation Fund in the amount of $97,000 to apply against the increase. The increase will be used to acquire land on Paulson Road from Pike Industries for recreational use and shall not impact the municipal property tax rate. This was seconded by Paul George. After some discussion, it was decided that there was no main motion. Brad and Paul withdrew their amendment. John Scruton made a motion to approve the article, duly seconded and then Brad and Paul reinstated their amendment. The amendment was approved by a show of cards vote to bring the budget to $4,494,288. Mark McGowan made a motion to reduce the budget by $60,000 to delete the position of Town Administrator because it is overfunded and unnecessary. This failed to get a second. The budget, as amended
was approved by a show of cards vote. John Scruton made a motion to restrict reconsideration on prior articles, seconded by Brad Anderson and approved by a show of cards vote.
Article 23.
To see if the Town will vote to establish a Fire Safety Inspection Program to be administered in accordance with RSA 153:14, the NH State Fire Code, as published by the NH State Fire Marshal’s Office and other pertinent laws and to authorize the Board of Selectmen to establish fees to offset the administration costs of said program and to periodically review and adjust such fees accordingly. The Budget Committee recommends this article. The Selectmen recommend this article.
John Scruton made a motion to approve, duly seconded. After some discussion, Arthur Capello made a motion to call the question, duly seconded and approved by a show of cards vote. Article 23 was approved by a show of cards vote.
Article 24.
To see if the Town will vote to accept ownership of land and buildings located at Perkins Avenue, and more particularly shown on Tax Map U2, Lot 69 where such land and buildings are conveyed in consideration for the Town’s relinquishment of any claim for outstanding property taxes on the property and to see whether the voters will authorize the Selectmen to execute all necessary documents to obtain ownership of the property. The Budget Committee recommends this article. The Selectmen recommend this article.
A motion to approve was made and duly seconded. With little discussion, the article was approved by a show of cards vote.
Article 25.
To see if the Town will vote to authorize the Board of Selectmen, after review and comment by the Farmington Conservation Commission, to execute a drainage easement for the purpose of improving the drainage off of Route 153 and allowing water from Route 153 to flow onto property owned by the Town of Farmington. (Majority Vote Required)
A motion to approve was made and duly seconded. After discussion, the article was approved by a show of cards vote.
Article 26.
To see if the Town will vote to accept a private road, Lawrence Lane, as a town road and maintained as such. Lawrence Lane is a small road located off of Glen Street. It is one tenth of a mile long ending in a cul-de-sac with six houses. In all other aspects, it meets the Town of Farmington’s specifications and requirements of a town road. We, the undersigned, request examination of this petition and its attachments and acceptance of Lawrence Road as a Town road. (by petition) The Budget Committee does not recommend this article. The Selectmen do not recommend this article.
Kevin Willey made a motion to approve with the changing of Road to Lane in the last sentence. After some discussion on private roads, Vernon Bonar made a motion to call the question, duly seconded and approved by a show of cards vote. Article 26 was defeated by a show of cards vote.
Article 27.
To see if the Town will vote to establish a rule for the Town that will prohibit the Selectmen or any other employee or agent of the Town from destroying the personnel files or any related records of any current or former Town employee who is still living. (by petition)
Manny Krasner made a motion to approve, seconded by John Scruton. Manny spoke on the article. Dan Auger spoke and called for Selectmen David Hall’s resignation which was ruled out of order. Questions on whether this had already been done and plans for the future were addressed by Gerry McCarthy. Linda Ghareeb made a motion to move the question, duly seconded and approved by a show of cards vote. Article 27 was approved by a show of cards vote.
Article 28.
To see if the Town will vote to authorize the Selectmen to sell to the highest bidder municipal vehicles and other equipment as determined by the Selectmen, with proceeds to go into the general fund. (Majority Vote Required) The Budget Committee recommends this article. The Selectmen recommend this article.
John Scruton made a motion to approve, duly seconded and approved by a show of cards vote.
Article 29.
The Health Care for New Hampshire Resolution:
Whereas, New Hampshire residents pay the 12th highest cost of insurance in the country; and
Whereas, the cost of health insurance premiums for families has increased by 45% over the past three years; and
Whereas, 100,000 New Hampshire residents have no health coverage and 77% of them have a full-time worker at home; and
Whereas, due to these rising costs almost half of New Hampshire’s small business cannot afford health coverage for their employees, therefore be it resolved that we, the citizens of FARMINGTON, New Hampshire, call on our elected officials from all levels of government, and those seeking office, to work with consumers, businesses, and health care providers to ensure that:
- Everyone, including the self-employed, unemployed, un– and underinsured, and small business owners has access to an affordable basic health plan similar to what federal employees receive;
- Everyone, including employers, consumers, and the state, local and federal government makes a responsible and fair contribution to finance the health care system;
- Everyone receives high quality care that is cost efficient and medically effective; and
- That these efforts help control the skyrocketing cost of health care.
(by petition)
Arthur Capello made a motion to accept, seconded by Manny Krasner. The article, a non binding resolution, was explained by Arthur Capello. Article 29 was approved by a show of cards vote.
John Scruton made a motion to take Article 20 off the table, duly seconded. Linda Ghareeb made a motion to table, seconded by Mike Mains and approved by a show of cards vote.
Article 20.
To see if the Town will vote to deposit revenues collected from ambulance services into a special fund, separate and apart from the general fund, to be used to pay the salaries and benefit costs for the hiring of two emergency medical technicians to staff the ambulance during the normal working day, Monday – Friday, when volunteer emergency medical technicians are not available. The emergency medical technicians shall be regular employees of the Town, but shall be paid from funds generated by ambulance fees. (by petition) The Budget Committee does not recommend this article. The Selectmen do not recommend this article. (Majority ballot vote required)
Article 30.
To transact such other business as may legally come before this meeting. (Majority Vote Required)
Manny Krasner made a motion to adjourn, duly seconded and approved by a show of cards vote at 12:15AM
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Kathy L. Seaver, Town Clerk
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