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Minutes of 01/02/2007

January 6th, 2007

Carroll Board of Selectmen
Meeting Minutes
January 2, 2007
"These minutes of the Town of Carroll Select Board have been recorded by its Secretary. Though believed to be accurate and correct they are subject to additions, deletions and corrections by the Select Board at its next meeting when the Board votes its final approval of the minutes. They are being made available at this time to conform to the requirements of New Hampshire RSA 91-A:2."

Minutes recorded by Susan Kraabel, Secretary.

Board members present: Bill Wright, Allen Strasser, Bonnie Moroney

The meeting was called to order at 6:59 PM.

Members of the public present: Roberta McGee, Eleanor Brauns, Doug Bews, Bill Dowling, Becki Pederson, Steve LaFrance, Evan Karpf, John Foster, Butch Garneau, Edith Tucker, John Burt

The board announced the approval of bills and signing of checks.

Selectman Strasser asked that the approval of minutes be done at the end of the meeting.

There was no report from Stan Borkowski this week.

Steve LaFrance from Horizons Engineering explained that the town has a 5 year permit from the state for monitoring at the landfill, and that it will expire in June 2007. When the landfill closed, the state, instead of requiring a cap, mandated monitoring wells be tested 3 times per year and an annual report. Mr. LaFrance gave copies of the September 2006 report that shows Monitoring Well #7 which is downgrade from the landfill has been shown to have some contaminants that are below the state maximum levels. While Mr. LaFrance said we should not panic, if these levels were to go above state levels, we would be in violation of the state’s groundwater standards. One of the volatile organic compounds, PCE was measured at 3 ug/L, and the state standard is 5. The VOCs in Well #7 will be monitored in April 2007, and if okay, a permit will probably be issued again as before, for 5 years. One possibility will be to relocate Well #7 downgrade from the landfill and test in that area. Mr. LaFrance said we probably won’t have to cap the landfill. Bill Dowling asked what happens after the landfill has been monitored for 30 years, and was told if there were contaminants detected, the monitoring will continue. Mr. LaFrance stated there is no threat to health and safety. In response to a question, Mr. LaFrance said Horizons charges the town $2,000 per year for 3 samples and an annual report for the state.

At the request of Selectman Strasser, Mr. LaFrance then addressed the subject of water line expansion on Lennon Road. He displayed a USGS map showing location of current lines and the storage tank on Route 115. The estimated distance from Rte. 3 to the road for the storage tank is 13,000 ft., and the Horizons estimate for design of the project is $30,000. There are brooks and railroad tracks to cross, and part of Route 115, and the corner at Rte. 115 could be a problem. The tank may not be enough higher than the intersection, and we may have to put a booster tank to go back to Lennon Road. 35 PSI is normal, and must be no less than 20, and the pressure at the intersection may not make the minimum 20 PSI. Butch Garneau had spoken to someone down south who does projects this size all the time, and he estimated it would cost $800,000 to install, but Mr. Garneau thought we should add some to that number for a warrant article, as you never know what you might hit, and you don’t want to run short of funds before the job is done. He did say that the estimate included using ductile pipe which is more expensive than blue tooth, and that using town resources for materials, equipment, and labor, we could probably do the job for less money. Discussion to reach the amount for bonding came up with the following information: there are 33 houses on the planned water route; 17 hydrants would be necessary, one every 600 ft. where houses could be built, one every 1,000 ft. where not; Mr. Garneau felt the project could be completed in 3 months, Mr. Rines was not so sure; Mr. Rines has had good experience with blue tooth pipe rather than ductile; the permitting process for DES wetlands approval could take up to 4 months; the work could run on the shoulder for the most part rather than breaking up pavement reducing the cost for hot top; half the cost would be paid by the taxpayers, and half by the water users; it would be necessary to get other job quotes. Selectman Strasser figured the cost of bonding $875,000 at 3 ¾% for 30 years to be between $48,000 and $50,000 per year, meaning each water user would be billed approximately $61 per year. The fact that none of the property owners have come forth to ask for water was brought up, and people questioned whether those who already have wells would be willing to pay the $1,500 hookup fee to tie into the system. Chairman Wright moved to put up a warrant article for the bonding, but no second was made. At that point, Chairman Wright moved to table the proposal, Selectman Strasser seconded the motion, and it was passed unanimously. Selectman Strasser continued the discussion by saying he didn’t feel he had enough information, because he’d been asking Mr. Rines for information for months, and hadn’t gotten it. He wants an activity report from Mr. Rines, and Mr. Rines said that the requests for activity reports had been tabled months ago. He said between the highway department and the water department, he had more than enough to do. Water was not his responsibility originally, and he’s been saying there should be some one person in charge of water. He also stated that some of the problems go back 20 years, and he can’t fix them all in a year. Doug Bews said if we get a town administrator, maybe that would resolve some of our management problems. Mr. Rines will discuss a process for activity reports with the secretary in the office.

John Foster stood to say he’d come to answer any questions about the road transfer (Riverside Drive). He referenced RSA 231:43 which says if a road is decommissioned there is automatic access to an abutter’s lot unless otherwise stated in writing. So there will be access for the 2nd lot in question, and actually he will own 3 lots if the warrant article passes and the land is transferred. Selectman Strasser explained that they had asked Evan Karpf to speak with Mr. Foster, because some of the concerns were raised by Dr. Karpf, and he was aware of zoning issues if Mr. Foster’s property became all one lot. Mr. Foster requested that if anyone had additional questions, please give him a call.

Selectman Moroney talked about emails she’d been exchanging with Karen Moran who works for the PUC. Apparently we have never filed papers to satisfy the franchising necessary because we sell water to some Little River Road Bethlehem residents. Selectman Strasser he didn’t think we needed to, but according to Mark Naylor of the PUC we do. After a bit of discussion, Selectman Strasser moved to have Bernie Waugh file the papers. Chairman Wright seconded, and the motion was passed unanimously.

Selectman Strasser responded to the criticism of Selectman Moroney at the previous meeting. He stated that the path Selectman Moroney chose violated the policy manual dispute resolution procedure. He said the RSA she referenced with regard to his meeting with Billy Rines did not apply. He then talked about RSA 279-1 X, XI, 275-42 I, II, and Labor Rule 803.01, each citing the definition of an employer and the employer’s right and responsibility to instruct, train, and supervise. He said he was talking to Mr. Rines, not reprimanding him, and if he were to have given a reprimand to Mr. Rines, it would have been a written reprimand according to the policy manual. Selectman Moroney maintained that she’d spoken to several people including Mr. Rines, and it appeared that Selectman Strasser was stepping out of the bounds of his authority. Selectman Strasser said everyone complained when he and Chairman Wright were meeting together, and now they’re complaining when he’s meeting employees by himself. Selectman Moroney said 2 selectmen create a quorum, and a non-posted meeting is illegal; also 1 selectman reprimanding an employee is illegal. Bill Dowling reminded Selectman Strasser that as an individual selectman he has no authority. Several people expressed the opinion that Selectman Strasser was not the employer, that the town and selectmen were the employer. Also the fact was brought up that this meeting took place with people coming in and out of the town hall, and the cleaning woman walking through the room. Selectman Strasser said he had closed the door, but both Mr. Rines and the secretary said the door had never been closed. Selectman Strasser again said he was trying to get Mr. Rines to submit activity reports, and he made a motion to have him do monthly reports. Chairman Wright seconded the motion, and it passed unanimously.

Selectman Strasser reported that we were in trouble with the Labor Department again. He’d recently looked at timesheets while signing checks, and noticed that the Police Department had a sheet that did not show their times in and out and lunch breaks noted. He said he’d tried unsuccessfully to reach Cynthia Flynn at the Department of Safety about this, and was told by the secretary that the police were not required to fill out this information on the timesheet. Copies of all the timesheets had been sent, and they were satisfied. Selectman Strasser said the Police Chief was plotting activity to justify staffing, and that’s what he wants to do with the highway and water departments. He said he would call Bernie Waugh about the labor rules.

The following documents were approved and signed by the selectmen.

LGC HealthTrust contract for medical/dental insurance for 2007
Intent to Cut - Matt Steele
Yield Tax Certificate - Andrea Graf
Water Warrant - Flumerfelt, Lynch $120.00
Re-appointment of Forest Fire Deputy Warden - Ray Chaput
Certificate of Occupancy - MWH - 193 Mt. Madison Lane #5
Application for Bridge Aid Construction - will be submitted with a copy of the application signed on March 27, 2006 and mailed the following day
Warrant Article to replace an earlier article in the amount of $30,000 for the Bridge Replacement Capital Reserve Fund. The new one asks for $65,000.

The street light requested by Claire Gritzer was discussed. A number of neighbors had been polled, and the consensus was that they did not want the light, and objected to the town paying for the light. Selectman Strasser moved to turn down the request, Selectman Moroney seconded the motion, and it was passed unanimously.

The request to have town sidewalks on Route 3 North plowed was the next topic. It was noted that we did not have the proper equipment, nor the manpower to do it. Also the liability of hiring someone was mentioned, and the fact that sanding would have to be done sometimes after plowing. Selectman Moroney moved to turn down the request. Selectman Strasser seconded, and the motion was passed unanimously.

Selectman Strasser displayed the first chapter he’d written of the Procedures Manual. He explained that it would be built one chapter at a time, with each coming into the office for update and corrections. Doug Bews asked if it wouldn’t be better to wait until we see if the warrant article passes for a Town Administrator, and was told it probably wouldn’t be complete before the election and could be adjusted if necessary. Selectman Strasser moved to approve the first chapter, Chairman Wright seconded the motion, and it was passed unanimously.

Selectman Strasser reported that we were not too late in requesting funds from the county for our recreation program, but that he’d not received the information to be submitted to the county on Valley Pride Day. The change in parties controlling the County Delegation had slowed the the budget process, but he hoped that we could receive funds and would request it of the new committees when appointed.

Dr. Karpf reported that he’d given a presentation on disaster training in town to local businesses on December 12th, and gone to the Balsams on December 20th for a discussion on Crawford’s Purchase. The opinion was that annexation by the town of Carroll of Crawford’s Purchase would fail; that the county would play a more expanded role in the unincorporated areas. There will be an article by Fred King in the paper on this subject. Selectman Strasser talked about the benefits of annexation, and a possible change in the school formula for the Town of Carroll as a result.

Dr. Karpf noted that he’d requested the secretary for a letter from the selectman be sent to John Foster stating that at a meeting he’d not attended, they asked him to talk to John Foster about the road transfer warrant article.

On January 9th there will be an “All Hazards” meeting in Lancaster which would be beneficial for selectmen to attend. It’s an all day meeting and they will set up emergency situations we might encounter. While the selectmen weren’t sure they could attend, Chairman Wright made a motion to have the secretary attend. Selectman Strasser seconded the motion, and it was passed unanimously.

At 9:46 as there was no additional business, Chairman Wright declared the meeting ended, and
moved to go into executive session regarding personnel matters. This was seconded by Selectman Moroney. The board was polled, and went into executive session.

At the close of executive session, Chairman Wright made a motion to return to public session and seal the minutes from executive session; Selectman Moroney seconded and the motion passed unanimously.

Town of Carroll, New Hampshire ®2024