2005 Town Meeting Minutes
Town of Farmington
March 9, 2005
Article 1.
To choose one Selectman for three years; one Treasurer for one year; one Trustee for three years and one Trustee for two years; three Budget Committee positions for three years and one Budget Committee position for one year. (Official Ballot)
Article 2.
To see if the Town will vote to repeal the Town of Farmington Zoning Ordinance adopted March 13, 2001, as amended, and adopt in its place the Town of Farmington Zoning Ordinance as developed and recommended by the Farmington Planning Board? The new ordinance provides a general reorganization of the Town's Zoning Ordinance, including renumbering sections and subsections, providing clarifications, grammatical and typographical corrections, and specific amendment of the following sections and subsections by Title:
- Section 1.00 Administrative Provisions by adding Overlay District boundaries to the official zoning map; adding requirements for resolution of conflicts within the ordinance; adding subsection regarding general planning board authority, special use permits, and waivers; adding new section regarding role of newly established Department of Planning and Community Development; clarification of Special Use Permits; adding conditions for review and approval of Special Use Permits; clarifying requirements for use of existing lots of record; and adding deleting and modifying definitions of words used in the ordinance.
- Section 2.00 Base Zoning Districts by adding tables and references for clarification of uses within zoning districts; modifying standards and conditions for approval of Special Exceptions; adding, modifying and deleting permitted uses, uses permitted with review, and uses allowed by special exception in the Table of Permitted Uses.
- Section 3.00 General Standards by adding conditions for locating two dwelling units on a single lot; incorporating Open Space-Residential Cluster Development Standards; incorporating Phased Development Standards; and incorporating Sexually Oriented Business Standards.
- Section 4.00 Overlay Districts by adopting NHDES definition of Wellhead Protection Areas; including Wetland Conservation Overlay District buffers within the district; adding references to related subsections of the ordinance to the Wetlands Conservation Overlay District; clarifying the location of buffers within the Wetlands Conservation Overlay District; and modifying the map references in the Floodplain Protection Overlay District. (Official Ballot)
Yes 110 No 253
Emmanuel Krasner, Moderator, opened the meeting at 7:03PM. The Boy Scout Troup #188 and Venture Crew #188 presented the colors and led us in the pledge of allegiance. Manny then reminded people to get signed in and get a purple card for voting. Before the formal presentation of warrant articles there were two requests for presentations for the town. Special guest speaker Mr. Jeff Taylor spoke on the work being done in putting together the new master plan. Ernest Creveling, Town Administrator, explained the budget/tax rate and how warrant articles affect the rate/budget. The Moderator then read the results of the election for both town and school.
Article 3.
To see if the town will vote to increase the optional veteran's tax credit to $300 from the current credit of $250.~ Under RSA 72:28, this credit applies to (a) every resident who served not less than 90 days in the armed forces of the United States in any qualifying war or armed conflict listed in the statute, and was honorably discharged or an officer honorably separated from service; or the spouse or surviving spouse of such resident; (b) every resident who was terminated from the armed forces because of service-connected disability; or the surviving spouse of such resident; and (c) the surviving spouse of any resident who suffered a service-connected death. (Majority Vote Required)
Michael Morin made a motion to approve, seconded by Patricia Frisella. Steven Dean made a motion to amend to the maximum amount of $500, seconded by Elaine Aylard. After some discussion on what neighboring towns/cities offer and the impact on the tax rate ($.14) The amendment was approved by a show of cards vote. The article as amended was approved by a show of cards vote.
Article 4.
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 (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).
Mary Barron made a motion to approve seconded by Jacqueline Capello. After some discussion on the increase from the prior year and the need for roof repairs and a new boiler for the town hall, Mike Morin made a motion to call the question, seconded by Mary Barron and 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 $137,088 (One Hundred Thirty-seven Thousand Eighty-eight Dollars) to be added to the previously established Fire Equipment Capital Reserve Fund in accordance with the 2004-2009 Farmington Capital Improvement Program. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Stephen Dean made a motion to approve, seconded by Mike Morin. After some discussion about planning for space needs and discussion concerning the new public safety building in the CIP for 2010, the article was approved by a show of cards vote.
Article 6.
To see if the Town will vote to raise and appropriate the sum of $50,020 (Fifty Thousand Twenty Dollars) to be added to the Highway Motorized Equipment Capital Reserve Fund in accordance with the Farmington 2004-2009 Capital Improvement Program. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
A motion to approve was made by Gerald McCarthy, seconded by Joan Funk. There was no discussion and the article was approved by a show of cards vote.
Article 7.
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 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 Board of Selectmen are the agents of this Capital Reserve Fund. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority vote required).
A motion to approve was made by Joan Funk, second by Mary Barron. There was no discussion and the article was approved by a show of cards vote.
Article 8.
To see if the Town will vote to raise and appropriate the sum of $32,500 (Thirty-two Thousand Five Hundred Dollars) to be added to the previously established (Town Meeting 2003) Bridge & Road Design and Construction Capital Reserve Fund in accordance with the Farmington 2004-2009 Capital Improvement Program. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
A motion to approve was made by Joan Funk, seconded by Stephen Dean. After some discussion concerning the Ten Rod Road bridge, the article was approved by a show of cards vote.
Article 9.
To see if the Town will vote to raise and appropriate the sum of $82,000 (Eighty-two Thousand Dollars) to be added to the previously established Highway Garage Capital Reserve Fund in accordance with the Farmington 2004-2009 Capital Improvement Program. The Budget Committee recommends this appropriation. The Selectmen recommend this
appropriation. (Majority Vote Required).
Motion to approve was made by Matt Scruton and seconded by Joan Funk. After discussion concerning the location, the article was approved by a show of cards vote.
Article 10.
To see if the Town will vote to raise and appropriate $25,000 (Twenty-five Thousand Dollars) for the purchase of one police cruiser and to authorize the withdrawal of up to $10,000 (Ten Thousand Dollars) of surplus funds from the Police Outside Details Special Revenue Fund to apply toward this purchase, with the balance to come from general taxation. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Gerry Mccarthy made a motion to approve, seconded by Paul Parker. After much discussion concerning the number of cruisers and how often they are purchased, Stephen Dean made a motion to call the question, duly seconded and approved by a show of cards vote. The article was approved by a show of cards vote.
Article 11.
To see if the Town will vote to raise and appropriate $20,000 (Twenty Thousand Dollars) for the purchase of a recreation van and to authorize the withdrawal of up to $16,000 (Sixteen Thousand Dollars) from the Recreation Equipment Capital Reserve Fund to apply toward this purchase, with the balance of $4,000 (Four Thousand Dollars) to come from general taxation. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Steven Dean made a motion to approve, seconded by Mike Morin. There was no discussion and the article was approved by a show of cards vote.
Article 12.
To see if the Town will vote to raise and appropriate $300,000 (Three Hundred Thousand Dollars) for the purchase of a new pumper, contingent on receipt of grant funds in the amount of $270,000 (Two Hundred Seventy Thousand Dollars), and to authorize the withdrawal of up to $30,000 (Thirty Thousand Dollars) from the previously established Fire Equipment Capital Reserve Fund to apply as grant match. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Brad Anderson made a motion to approve, seconded by Mike Morin. This article has no tax impact. After discussion on the grant, the article was approved by a show of cards vote.
Article 13.
To see if the Town will vote to raise and appropriate $110,000 (One Hundred Ten Thousand Dollars) for the purchase of a new ambulance and to authorize the withdrawal of up to $81,146 (Eighty-one Thousand One Hundred Forty-six Dollars) from the previously established Emergency Medical Motorized Equipment Capital Reserve Fund to apply toward the project, with the balance of $28,854 (Twenty-eight Thousand Eight Hundred Fifty-fourDollars) to come from general taxation. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Gerry McCarthy made a motion to approve, seconded by Joan Funk. After discussion on where the equipment will come from and whether we are selling the other ambulance, the article was approved by a show of cards vote.
Article 14.
To see if the Town will vote to raise and appropriate the sum of $35,000 (Thirty-five Thousand Dollars) for one-time capital expenditures of the Goodwin Library for the following purposes: purchase of a climate control system for the building ($8,000), carpet for the main floor ($10,500), painting of main floor, staff room and office walls ($5,500), integrated phone system for the building ($2,500) and new shelving and remodeling of existing shelving on main floor ($8,500). (Majority Vote Required)
Brad Anderson made a motion to approve, seconded by Stephen Dean. Deborah Christie, Librarian, explained how they used the capital reserve fund along with grants, etc. to come to a quarter of a million dollars. She also explained that the 44% increase in the library budget this year is to get more help to staff 2 floors and computers for the second floor. After discussion, this article was approved by a show of cards vote.
Article 15.
To see if the Town will vote to raise and appropriate the sum of $4,772,022 (Four Million Seven Hundred Seventy-two Thousand Twenty-two 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). This appropriation does not include any of the appropriations presented individually in Articles 4 through 14. The Budget Committee recommends this appropriation. The Selectmen recommend this appropriation. (Majority Vote Required).
Joan Funk made a motion to approve, seconded by Gerald McCarthy There was discussion on the planning/zoning increase. Arthue Capello said he would like to amend to 4,787,022 to offset the sand/salt/overtime highway issues (plus 15,000), seconded by Gerry Mccarthy. After much discussion a friendly amendment was offered to add that the $15,000 was to come from unexpended fund balance. This friendly amendment was accepted by Joan & Gerry. After much discussion on the legality, the amendment was defeated by a show of cards vote. Arthus Carpello made a motion to take $15,000 out of unreserved fund balance to use for salt/sanding/plowing/overtime, seconded by Joan Funk. After some discussion, the amendment was restated and approved by a counted show of cards vote 55-35. There
was no further discussion and article 15 as amended was approved by a counted show of cards vote. 55-36.
Article 16.
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).
A motion to approve was made by Mike Morin, seconded by Stephen Dean. It was explained that this was a yearly article. Being no further discussion, the article was approved by a show of cards vote.
Article 17.
To see if the Town will vote to adopt a “Resolution Governing the Conduct of Town Officials” as recommended by the Farmington Board of Selectmen and as authorized by RSA 31:39-a as follows:
“Whereas, the Farmington Board of Selectmen desires the business of the Town to be conducted in an honorable manner in accordance with the laws of the United States of America and the State of New Hampshire; and
Whereas, for the benefit of the public trust and in the interest of a system of town government which is fair, impartial and guarantees equal treatment under the law for every citizen; and
Whereas, the terms of this Resolution shall be defined in accordance with the New Hampshire Revised Statutes Annotated and the Town of Farmington Policy Manual for Municipal Operations;
Now, therefore, be it resolved that the following standards are hereby set forth as the code by which all employees of the Town and appointed Town Officials shall be henceforth bound and held accountable; and
Furthermore, any violation of this Resolution shall be cause for consideration of removal from office upon the application of due process proceedings to which the accused may be entitled.
Section 1. No person shall attempt to influence any Town Official or take part in any discussion or vote, while in their capacity as a Town Official, which either directly or indirectly promotes or obtains a pecuniary interest for themselves or a family member; except this clause shall not be construed to prohibit the discussion of a personfont face="PMingLiU" size="+0" color="#000000" style="font-family:PMingLiU;font-size:8pt;color:#000000;">Section 4. No Town Official shall discriminate against any person as a result of a legal dispute, except in cases where the Town is a potential litigant or actual party to a lawsuit, in which case the opposing party shall be denied access to privileged information and any other form of action which could be used against the Town. The denial of information or right of participation under this Article shall apply absent any court orders to the contrary.
Section 5. No Town Official shall be active in private employment with, or render services for, any other citizen having business with a public body, unless and until that person discloses the nature and extent of that interest. Disclosure, however, does not exempt any Town Official from compliance with the terms of this Resolution.
Section 6. No Town Official may accept or request any gift, money, favor, loan, promise or condition while acting in their capacity as a Town Official; except for (a) unsolicited materials which have a promotional but nominal intrinsic value such as pens, calendars, etc.; (b) awards for meritorious service; (c) unsolicited consumables that are donated for a special occasion; and (d) election contributions which are given in accordance with applicable state and federal laws.
Section 7. No Town Official shall disclose any confidential or privileged information regarding any other official, employee, applicant, property or non-public government affairs of the Town without prior authorization by the body having jurisdiction over such disclosure. Regardless of whether disclosure is allowed, no person shall use any confidential or privileged information for personal gain or to the benefit of any other person, business or corporation with whom the Town Official has a defined interest.
Section 8. No Town Official shall appoint or vote to appoint any family member, business associate or any other person with whom there is a defined pecuniary interest; except as may be permitted by election using a secret ballot; nor shall any person appoint or vote to appoint a Town Official whereby the appointee will be in a position which supervises or receives supervision, evaluates or is evaluated by, promotes or is promoted by, disciplines or is disciplined by a family member or business associate.
Section 9. No Town Official shall offer or accept any bribe. In the event a Town Official is offered a bribe, he/she shall promptly report such offering to the New Hampshire Office of the Attorney General.
Section 10. No Town Official shall act to knowingly exceed the authority of his/her position by making decisions which can only lawfully be made by other persons or by a public body acting upon a majority vote in accordance with State Law or when such authority has been delegated to some other Town Official or public body upon authorization by written Town policy.
Section 11. No Town Official shall attempt to obtain benefits not available to the general public by threats to unilaterally exercise some degree of purported statutory responsibility. No Town Official shall request a special favor of another Town Official, to include the altering of records, nor shall any Town Official grant such a request.
Section 12. No Town Official shall act to willfully deprive any person of rights which are protected under the United States Constitution.
Section 13. The provisions of this Resolution shall not apply to the process of voting or discussions or solicitation of votes as these acts relate to the participation by a Town Official in the Town Meeting process, provided such conduct is not engaged while purporting to be in an official capacity unless allowed by State Law.
Section 14. A copy of this Resolution shall be made available to all applicable Town Officials upon hiring and/or appointment to office and at such other times as may be necessary. Acknowledgment of this Resolution shall be required as part of the Oath of Office. Town employees shall be required to sign acknowledgment of having received and read this Resolution Governing the Conduct of Town Officials and the Town Policy Manual for Municipal Operations as a condition of employment.
END OF TOWN WARRANT ARTICLE 17
Paul Parker made a motion to approve, seconded by Joan Funk. Brad Anderson made a motion to amend Section 2 to say the same as Section 1 with regards to the reference family members so Section 2 would amend to say the same as Section 1, seconded by Kathy King. Charlie King asked what is currently in force and whether this was in addition to or meant to repeal and replace something else. Town Administrator, Ernest Creveling, said nothing is in effect except for state law. Some boards have their own rules, with each board different from each other. Joanne Doke asked how this came about. Ernest Crevelling said that at the beginning of last years new board they thought it was important to do. It was a majority vote of the Board of Selectmen to pursue an ethics policy so that everyone had
the same set of standards. There was some discussion on the definition of a town official. George Meyer asked if it mirrors the state’s RSA and asked if it has been subject to legal review. Ernest Creveling said that it was looked at it by town council and they expressed one issue with it. That issue was that there wasn’t a way for an official to be removed if they did violate it. There was much discussion of appointed vs elected official. Jacqueline Capello stated that the document itself refers only to employees and appointed officials and she asked that Brad accept as a friendly amendment the addition of elected officials. This was accepted by Brad and Kathy. Brad Anderson 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. John Scruton made a motion to amend section 13 to add budget and town
meeting process for normal course of business provided such conduct is engaged in while in an official capacity as allowed by state law. This was seconded by Brad Anderson. With no discussion, the amendment was approved by a show of cards vote. Charlie king questioned if family member needs to be clarified. Emmanuel Krasner stated that normally a family member is anyone connected or close to you. Some judges will stretch it, but no matter how you word it, it will eventually be resolved by a court. Stephen Dean made a motion to call the question, seconded by Brad Anderson and approved by a show of cards vote. Article 17, as amended, was approved by a show of cards vote.
Article 18.
We, the residents of Farmington, NH wish to petition our Selectmen to plow, maintain and own the roads of Hemlock Drive (off of Route 75) and White Birch Lane (off of Chestnut Hill Road). (By Petition) (Majority Vote Required).
Stephen Dean made a motion to approve seconded by Larry Trask. Discussion ensued about the size and cost of bringing the road up to town specifications. Concern was expressed about the number of private roads in town and there not being any uniformity. It was felt that to just address two of the roads would be a disservice to the others. After much discussion concerning that status of approximately 30 miles of private roads and an assurance that any new roads have been built to town standards, Arthur Capello made a motion to call the question, seconded by Mary Barron 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 adopt a policy recognizing groundwater and surface water are a critical, finite, integrated resource that is becoming increasingly scarce and subject to heavy contamination as our human population grows. Having clean potable water is a basic human right, not the privilege of those who can afford it. Water is essential to the public health, and for all life. Our community’s wildlife and plant life depend on sufficient amounts of pure water to sustain them. In this regard, the Town should seek assistance from local and federal sources, including the conservation commission, regional planning commission, the New Hampshire Department of Environmental Services, the U.S. Geological Survey and private conservation groups to protect these resources.
Therefore, the Town directs the Selectmen as follows:
- Identify and map the Town’s water resources, including, but not limited to, ponds, lakes, rivers, streams, wetlands and aquifers. Identify and label groundwater resources pursuant to the provisions of RSA 485-C, the New Hampshire groundwater protection statute.
- With other town agencies and officials, and those of other neighboring communities, protect these resources through developing ordinances that place strict limits on commercial and other large scale water withdrawals not directly related to providing potable water for residential, commercial and industrial uses within the Town. (By Petition)
Mary Barron was approinted by the Moderator to be Acting Moderator so that he could speak to the next two articles, as the petitioner. Emmanuel Krasner made a motion to approve, seconded by Stephen Dean. Emmanual Krasner explained the petition and explained that we do not want to be caught unprepared and have a situation like Nottingham and Barrington have with USA Springs. After much discussion, John Scruton made a motion to call the question, duly seconded and approved by a show of cards vote. Article 19 was approved by a show of cards vote.
Article 20.
A Petition in Support of the U.S. Bill of Rights
As a citizen of the United States of America, I support the U.S. Bill of Rights, including freedom of speech and assembly, the right to privacy, the right to counsel and due process of law and protection from unreasonable search and seizure.
Some current federal laws, including the “USA Patriot Act”*, can be used to violate these Constitutional rights.
To see if the Town will vote to require the Board of Selectmen to join more than 200 other American communities in publicly and formally reaffirming unconditional support of the U.S. Bill of Rights and the U.S. Constitution; and further to require the Board to direct that law enforcement officials shall uphold these rights within our community.
The USA Patriot Act was passed by Congress October, 2001. It stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. (By Petition).
Emmanuel Krasner made a motion to approve, seconded by Stephen Dean. Much discussion ensued concerning the pros and cons of the USA Patriot Act. John Scruton stated that he would like to propose a friendly amendment to remove “to require the Board of Selectmen” and change it to the town. It was accepted as a friendly amendment. Arthur Capello made a motion to call the question, seconded by Penny Morin and approved by a show of cards vote. The amendment was approved by a show of card vote. Arthur Capello offered a friendly amendment to leave out the 2nd paragraph and last paragraph. Emmanual Krasner said that he is willing to strike out the reference to the USA Patriot act. Stephen Dean made a motion to call the question, seconded by Emmanuel Krasner
and approved by a show of cards vote. The amendment was approved by a show of cards vote. The acting Moderator reread the article as amended. John Scruton made a motion to call the question, seconded by Patricia Friscella and approved by a show of cards vote. The article as amended was approved by a show of cards vote.
Article 21.
To transact such other business as may legally come before this meeting. (Majority Vote Required)
Mary Barron made a motion to say that we call this building the Town Hall (not the old Town Hall) and to call the other building the Municipal Office Building. This was seconded by Stephen Dean and approved by a show of cards vote.
Emmanuel Krasner made a motion to adjourn. It was duly seconded and approved by a show of cards vote.
The meeting adjourned at 9:50PM.
Respectfully submitted,
Kathy L. Seaver, Town Clerk
| 
