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2008 Town Meeting Minutes
TOWN OF FARMINGTON
Town Meeting Minutes
March 12, 2008

Moderator, Emmanuel Krasner, opened the meeting at 7:07PM.  The boy scouts held a flag ceremony and led us in the pledge of allegiance.  The moderator then addressed those watching at home and invited them to come down to participate.  This was met by a round of applause.  He then read the results of the ballot voting for both the town and school on March 11, 2007.

Article 1.  
To chose one Selectman for three years; one Moderator for two years; one Treasurer for one year; three Budget Committee Members for three years; one Budget Committee Member for one year; one Supervisor of the Checklist for six years and one Trustee of the Trust Funds for three years.  (Official Ballot)

See attached ballot.

Article 2.
To see if the Town will vote to amend the Town of Farmington Zoning Ordinance as proposed by the Planning Board as follows:  Correct Section 1.06 “Zoning Board of Adjustment” to cite RSA 674:33(a), not 647:33(a).  (Official Ballot)

Yes  378   No  218

Article 3.
To see if the Town will vote to amend the Town of Farmington Zoning Ordinance as proposed by the Planning Board as follows:  Insert into Section 1.14 a definition for “Condominium”, “Condominium-Style Detached Single Family Residence” and “Condominium Unit”.  (Official Ballot)

Yes  397  No  220

Article 4.
To see if the Town will vote to amend the Town of Farmington Zoning Ordinance as proposed by the Planning Board as follows:  Insert into Section 1.14 a definition for “Dog Training Facility” and amend the Table of Permitted Uses to include “Dog Training Facility”.  (Official Ballot)

Yes  362  No  261

Article 5.
To see if the Town will vote to amend the Town of Farmington Zoning Ordinance as proposed by the Planning Board as follows:  Amend Sec. 2.01, Table 2.01(B), Sec. 2.02, Table 2.02(B) and Sec. 2.03, Table 2.03(B) to add “Minimum Rear Yard Setback – 15 feet”.  (Official Ballot)

Yes  351  No  249

Article 6.
To see if the Town will vote to amend the Town of Farmington Flood Plain Development Ordinance as proposed by the Planning Board as follows:  Insert into ITEM 1. Definitions of Terms, an amended definition of “Development” and “Manufactured Home”.  (Official Ballot)

Yes 393  No  207


Article 7.
To see if the Town will vote to amend the Town of Farmington Flood Plain Development Ordinance as proposed by the Planning Board as follows:  Insert into ITEM 1. Definitions of Terms, a definition for “New Construction” and “Violation.  (Official Ballot)

Yes  404  No  190

Article 8.
To see if the town will vote to amend the Town of Farmington Flood Plain Development Ordinance as proposed by the Planning Board as follows:  Amend ITEM VII. to add the notice of all scheduled hearings before the Wetlands Bureau, clarify the involvement of the Code Enforcement Officer and add reference to encroachments.  (Official Ballot)

Yes  445  No  166

Article 9.
To see if the Town will vote to amend the Town of Farmington Flood Plain Development Ordinance as proposed by the Planning Board as follows:  Amend ITEM VIII.1.(b) and ITEM VIII.2.(c) to refer to Zone A.  (Official Ballot)

Yes  368  No  198

Article 10
To see if the Town will vote to raise and appropriate the sum of  $5,773,551.00 (Five Million, Seven Hundred and Seventy Three Thousand, Five Hundred and Fifty One Dollars) for the operation, expenses, and commitments of town government which represents the bottom line of column No. 8 (The Budget Committees Budget) in the posted budget (MS-7). This appropriation does not include any of the appropriations presented in Articles 11 through 21. The Selectmen and Budget Committee recommend this article. (Majority vote required) (This article has a tax impact of   -26 cents). (* See note*)

Sylvia Arcouette made a motion to move Article 24 to be done first.  This was seconded by Arthur Capello.  Being no discussion, the motion was approved by a show of cards vote.  (go to Article 24)

Steve Durrance made a motion to accept, seconded by Mike Morin.  Barry Elliott asked for clarification on a couple of line items that showed increases/decreases.  Arthur Capello asked if the salt and sand lines were going to be able to make it this year.  Joel said that he is currently in the black, but that we may also have storms in November and December. Jacqueline Capello asked what the %, employees pay for health insurance and what was the raise % overall.  Raises were 4.1% across the board which was later explained to be 3.1% for COLA and an additional 1%.  For health insurance the town actually changed providers so we able to save on the overall rate, but there have been changes and additions to the plans which has resulted in an increase overall.  The contribution ranges from single/2person/family from $20-50.   This is a flat rate, but Jacqueline wanted to know the % which works out to be approximately 5% contribution by employees.  Sylvia Arcouette asked where  the 4.1% increase came from.  Town Administrator, Tony Mincu stated that the actual cost of living from the New England/Boston region for clerical is 4.3%.    Sylvia Arcouette asked the Public Works Director what bridges he planned on doing this year.  Joel stated that there was scheduled an upgrade on Paulson Rd., membrane on Cocheco Rd. bridge and the balance was for general bridge maintenance.  Mike Morin made a motion to increase the bottom line by $20,000 for salt/sand.  This was duly seconded bringing the total to $5,793,551.00.  After discussion on encumbering sand and the fund balance, the amendment was defeated by a show of cards vote.  After discussion on erosion control and FEMA money, the article was approved by a show of cards vote.  

Article 11
To see if the Town will raise and appropriate $61,800.00 for the purpose of funding the “Safe Walk to Schools” Grant. The Town shall be reimbursed from the NH Department of Transportation for the total amount requested ($61,800.00). The Selectmen and Budget Committee recommend this appropriation.  (Majority vote required)  (This article will have no impact on the tax rate)

Steve Durrance made a motion to approve, seconded by Gail Ellis.  Arthur Capello asked if we have commitment for reimbursement.  Tony said that we have a firm commitment.  Charlie King asked if this number was correct as he was hearing concerns.  He wanted to know if it needed to be amended.  Tony said it was the correct number for the town side.  Linda Libby asked what was going to happen with this money.  Cindy Paulin stated that the grant will provide school signage at dangerous intersections.  Also up behind the Henry Wilson School there will be a separate pathway with a guardrail.  This is from Federal money that comes down to the state and it is required to put in the form of a warrant article.  The article was approved by a show of cards vote.

Article 12
To see if the Town will vote to raise and appropriate $92,000. (Ninety two thousand dollars) for the purchase of a new dump truck with plow equipment for the Public Works Department and to authorize the withdrawal of $42,000.00 (Forty two thousand dollars) from the Highway Motorized Capital Reserve Fund to apply towards this purchase with the balance of $50,000 (fifty thousand dollars) to come from general taxation. The Selectmen and Budget Committee recommend this article. (Majority vote required)   (This article will have a tax rate impact of 10 cents).

Arthur Capello made a motion to approve, seconded by Steve Henry.  Penny Morin said yesterday it was voted down to have a new bus to transport children. She felt that a school bus was necessary and in her opinion  money should have gone to the school bus.  After questions on the number of trucks we presently have and the life span of the new truck, Steve Durrance asked what the tax impact would be if we use more out of the capital reserve fund.  Tony explained it would be approximately $.02.  $49,000 is .10.  Arthur Capello asked if we were looking at anything next year for replacement.  Joel stated that, based on the CIP a loader is due next year.  Whether or not this will be done is questionable.  John Wingate, Trustee of the Trust Funds, stated that there is not enough money to fund all of the truck from the capital reserve fund.  After discussion on repairing the old truck, it was approved by a show of cards vote.

Article 13
To see if the Town will vote to raise and appropriate $27,000 (Twenty-seven Thousand Dollars) for the purchase of one police cruiser and to authorize the withdrawal of $11,000 (Eleven Thousand Dollars) of surplus funds from the Police Outside Details Special Revenue Fund to apply toward this purchase, with the balance of $16,000 (Sixteen Thousand Dollars) to come from general taxation.  The Selectmen and Budget Committee recommend this appropriation.   (Majority Vote Required)  (This article will have a tax rate impact of 3 cents).

Manny announced that food and drink were available at a bake sale being held in the activity room with proceeds to go to relay for life.  Sylvia Arcouette made a motion to approve Article 13, seconded by Stephen Henry.  Steve Durrance asked what happens if that surplus doesn’t appear in the Special Revenue Fund.  Chief Roberge explained that the surplus is already there from 2007.  Brian Beaverstock asked the Chief to tell us what we would be replacing.  Chief explained that we presently have 5 vehicles used for patrol.  There is also a 6th vehicle which is the dog officer vehicle.  Three of the vehicles have over 100,000 miles on them.  We would be replacing the one with just over 130,000/5 years old.  The article was approved by a show of cards vote.

Article 14
To see if the Town will vote to raise and appropriate $9,000.00 (Nine Thousand Dollars) for the purpose of installing a Digital Fire Alarm System in the Goodwin Library.  This amount is to come from general taxation.  The Selectmen and Budget Committee recommend this appropriation.  (Majority Vote Required)  (This article will have a tax rate impact of  2 cents).

Mike Morin made a motion to approve, seconded by Arthur Capello.  An explanation of the present system which is just a heat detector system, not wired to anything was made vs. the new system which is heat and smoke detection which will be wired to a service directly connected to the fire department.  Chief Fowler stated that the current system does not meet code and there is no warning device.  He felt that it is important to upgrade to a digital alarm.  Charlie King asked if the building was a town owned and maintained building.   Deborah Christie, Librarian, explained that the building is owned by the Farmington Public Library Association which is run by trustees.  The article was approved by a show of cards vote.

Article 15
To see if the Town will vote to establish a new Capital Reserve Fund under the provisions of RSA 35:1 for the purpose of meeting the Towns financial obligations (accrued leave time, sick leave, longevity) should a long term employee quit or retire, and to raise and appropriate $20,000 to be placed in this fund, and to appoint the Board of Selectmen as agents to expend. The Selectmen and Budget Committee recommend this appropriation.  (Majority vote required)  (This article has a tax rate impact of 4 cents).

Mike Morin made a motion to approve, seconded by Penny Morin.  Brian St. Onge asked what the average cost for an employee leaving comes out to.  Tony explained that it is a variable depending on the longevity and  accrued/used vacation time.  If a short term employee who is conscientious about not using their time it might be $1500-3000.  It was explained that we currently have 3 long time employees who have accrued a lot of time and there has been no provision in past budgets to compensate if someone leaves.  Much discussion ensued as to accrual under the old/new policies. When asked what it would cost to fully fund the current 3 long time employees, Tony estimated between $50,000-$60,000.    Steven Durrance made a motion for this to be changed to be withdrawn from the undesignated fund balance, seconded by Debra Cantwell.  Gerry McCarthy said that the state recommends between 8-17% fund balance for emergencies.  The town is trying to get to 12% and maintain it at that level.  Anything over that will go back to reduce the tax rate.  Mike Morin felt that, under general budget law, you have to name where it is to come from.  The amendment was opposed from a show of cards vote.  Stephen Henry made a motion to add “ to come from general taxation”, seconded by Tracy Cameron.  This amendment was approved by a show of cards vote.  Fred Pitman made a motion to amend that anything left over this year up to $60,000 in excesses from the personnel budget be placed into this fund.  This was duly seconded.  Stephen Henry asked if he meant including this year $20,000 plus up to when that fund reaches $60,000.  It is what Fred intended it to mean.  Charlie King asked for clarification as to whether we would be bringing forth a warrant article every year to add it in.  It was felt that something would have to be added yearly.    It was felt that you could have a surplus on the personnel line, but you need some of it to cover other lines which were overspent.  This was accepted as a friendly amendment by both motioners.  Tracy Cameron made a motion to call the question, duly seconded and approved by a show of cards vote.  It was clarified that the Selectmen would be required to bring a yearly article forward.  The amendment failed by a counted show of cards vote.  Mike Drew made a motion to call the question, duly seconded. This was approved by a show of cards vote.  The article was approved as written by a show of cards vote.  

Article 16
To see if the Town will vote to raise and appropriate the sum of $40,000.00 (Forty Thousand Dollars) to be added to the Public Safety Building Capital Reserve Fund previously established. The Selectmen and Budget Committee recommend this appropriation.    (Majority vote required)  (This article will have a tax rate impact of 8 cents).

Sylvia Arcouette made a motion to approve, seconded by Steven Dean.  Arthur Capello asked how much was in the fund now and what was the plan.  Currently the fund has $170,000 and the Police Department is presently    looking at a building to buy for a police department.  The article was approved by a show of cards vote.

Article 17
To see if the Town will vote to raise and appropriate the sum of $11,105.00 (Eleven Thousand One Hundred Five Dollars) to be added to the previously established Future Technology Improvements Capital Reserve Fund. The Selectmen and Budget Committee recommend this appropriation.  (Majority vote required)  (This article will have a tax rate impact of 2 cents)

Joan Funk made a motion to approve, seconded by Sylvia Arcouette.  Sylvia asked for an explanation for the possible uses of the fund.  Tony explained that it would be used for future upgrades to software and computers,   Steve Dean asked if this fund included channel 26.  Tony said that it does not. The article was approved by a show of cards vote.

Article 18
To see if the Town will vote to raise and appropriate the sum of $7,500.00 (Seven Thousand Five Hundred Dollars) to be added to the Public Buildings Maintenance Capital Reserve Fund previously established. This sum is to be raised by taxation.    The Selectmen and Budget Committee recommend this appropriation.  (Majority vote required)  (This article will have a tax rate impact of 1 cents)

Jacqueline Capello made a motion to approve, seconded by Penny Morin.  An explanation as to the purpose of the fund and how much is presently in the fund was made by Tony.  There is $33,656 in fund and the purpose is for the buildings infrastructure upgrading/maintenance – boilers being one thing that comes to mind.  When asked if there are any withdrawing that needs to be done this year, Tony said that we will be possibly be taking bids on possible boiler replacement at the town office building.  The article was approved by a show of cards vote.  

Article 19
To see if the Town will vote to raise and appropriate $19,600. (Nineteen Thousand, Six Hundred Dollars) to support the operation of the Farmington Community Preservation Guild. The Selectmen and Budget Committee recommend this appropriation. (Majority vote required) (This article will have a tax rate impact of 4 cents).

Penny Morin made a motion to approve, seconded by Paul Parker.  Discussion ensued on the current status of the preservation guild.  Tony explained that it is going to be winding down.  After discussion with the DRA, Tony said that it would not a good idea to leave it appropriated for that purpose.  Much praise was given to the guild and to Cindy Paulin for her efforts.  Arthur Capello, make a motion to change the amount to zero dollars, seconded by Stephen Henry.  Tracy Cameron said that discussion had ensued for it to be placed for the Explorer Program for grownups and she wanted to know if anything had changed since that discussion.  Arthur Capello stated that he did not believe you can change the article to read that because it would change the intent.  Tony stated that he called DRA and they recommended moving this article to 0 and placing the $19,600 into the operating budget into the parks and recreation program.  JoAnn Doke asked if the selectmen recommend that this be turned over to the recreation department.  Gerald McCarthy could be a good idea, but think he felt that it should be reviewed by the BOS, not just turned over.  Marty Gilman didn’t feel that he had enough financial information to make a decision.   Joel Chagnon also felt that it was too quick to come to a decision.  He felt that it would be a good opportunity to try to continue the explorer program by allowing it to be part of the operating budget.  Stephen Henry made a motion to call the question, duly seconded and approved by a show of cards vote.  The amendment was approved by a show of cards vote.  The article, as amended, was approved by a show of cards vote. A motion was made by Stephen Henry, to reconsider Article 10, seconded by Mike Morin.  Mike Morin made a motion to amend Article 10 by $19,600 adding it to lines 4520-4529 (Parks and Recreation), seconded by Rebecca Howard.  Arthur Capello expressed concern that we are not sure it will be able to be accomplished.  Paul Parker said that he thought that the Explorer Program was by far too important and that it should also read for the specific purpose of the Explorer program.  This was accepted as a friendly amendment by Mike Morin and Rebecca Howard.  The Selectmen were again polled and agreed that they think it is a good program, but they have not had enough time or information to make a good decision at this point.   Stephen Henry pointed out that this is open to other towns as well. Currently the administration cost is all born by the Farmington taxpayer.  The other towns are paying for the participation, but not the administration.  He feels that the selectmen should speak to other towns to get the people in other towns to pay for a share.  Penny Morin made a motion to call the question, duly seconded.  The amendment to add $19,600 to the recreation lines 4520-4529 to be used specifically for the Explorer Program was approved by a show of cards vote.  The article, as amended, was approved by a show of cards vote.  Paul Parker made a motion to restrict reconsideration, duly seconded and approved by a show of cards vote.

Article 20
To see if the Town will vote to raise and appropriate the sum of $30,000.00 (Thirty Thousand Dollars) to be added to the Emergency Medical Motorized Equipment Capital Reserve Fund previously established.  The Selectmen and Budget Committee recommend this appropriation.  (Majority vote required)  (This article will have a tax rate impact of 6 cents)

Stephen Henry made a motion to approve, seconded by Mike Morin.  Jean Pease and Steven Dean both spoke of their experience expressing the need for this.  Charlie King made a motion to call the question, seconded by Gail Ellis and approved by a show of cards vote.  The article was approved by a show of cards vote.

Article 21
To see if the Town will vote to raise and appropriate the sum of $3,000.00 (Three Thousand Dollars) to be added to the Recreation Department Capital Reserve Fund previously established.  The Selectmen and Budget Committee recommend this appropriation.  (Majority vote required)  (This article will have a tax rate impact of 1 cent).

Steve Durrance made a motion to approve, seconded by Penny Morin.  It was explained that this was primarily a fund to provide transportation needs. The article was approved by a show of cards vote.

Article 22
Acceptance of Credit Cards.  The Town Clerk-Tax Collector will be allowed to accept credit card payments pursuant to RSA 80:52-c for the collection of local taxes, charges generated by the sale of utility services or other fees.  The Town will add to the amount due, in addition to any interest and penalties payable, a service charge for the acceptance of the card.  The amount of the service charge shall be disclosed at the time of the billing. The Board of Selectmen in coordination with the Town Clerk-Tax Collector may adopt rules and regulations regarding the collection procedures. (Majority Vote Required)

Sylvia Arcouette made a motion to approve, seconded by Steven Durrance.  After discussion on the service charge and the legality of charging one, the article was approved by a show of cards vote.

Article 23
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)

Mike Morin made a motion to approve, seconded by Stephen Henry.  Steven Durrance made a motion to amend, with proceeds to go to the highway capital reserve fund, duly seconded. Stephen Henry pointed out that some of these vehicles may not be highway vehicles and the motion was changed to whatever department’s capital reserve fund that the equipment came from.    The change was accepted by the motioners as a friendly amendment.  It was established that this would still have to be a warrant article every year.  The amendment failed by a counted show of cards vote.  Arthur Capello made a motion to call the question, seconded by Gail Ellis and approved by a show of cards vote.  The article was approved by a show of cards vote.  

Article 24
To see if the Town will vote to accept the roads known as Sky View Drive and Whipporwill Ridge as Class 5 Town roads.  The acceptance is subject to the top-wearing course of pavement being installed on Whippoorwill Ridge by the Developer, RSA Development LLC.  (By Petition) (Majority Vote Required)

Cindy Snowden, petitioner, stated the reasons for the petition.   Arthur Capello made a motion to approve, seconded by Deb Cantwell.  Charlie King answered Jacqueline Capellos’s question on why this is being brought to town meeting by saying that the only way a road can be adopted is at town meeting.  It is planning board policy to require that all roads require a homeowner’s association until accepted at town meeting.  There is no other mechanism in place for the town to accept the roads.  Much discussion ensued concerning the town standards and questions on other private roads were answered.  It was felt that it should be a priority to invite all road associations in and have a discussion about the road acceptance plan.  Part of the acceptance under the plan would require a 5 year maintenance bond which would ensure that any immediate problems would be taken care of without raising taxes.  Steve Dean made a motion to call the question, seconded by Arthur Capello.  This was approved by a show of cards vote.  The article was defeated by a show of cards vote.   Sylvia Arcouette make a motion to restrict reconsideration, seconded by Steve Durrance.  Manny explained that this means Article 24 cannot come up again tonight.  There was no discussion and the motion was approved by a show of cards vote.  Article 10 was then read. (see Article 10)

Article 25
To transact such other business as may legally come before this meeting. (Majority Vote Required)

A motion to adjourn was made, duly seconded and approved by a show of cards vote at 11:00PM


Respectfully submitted,


Kathy L. Seaver
Town Clerk-Tax Collector