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Minutes of 05/21/2007

May 26th, 2007

Carroll Board of Selectmen
Meeting Minutes
May 21, 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: Bonnie Moroney, Allen Strasser, Rena Vecchio

The meeting was called to order at 7:04 PM.

Members of the public present: Roberta McGee, Thomas Gately, Michael Gooden, Doug Bews, Evan Karpf, Eleanor Brauns, Carmine Fabrizio, John Serfass, Dick Mallion, Ken Creour, Barbara Levesque, Lee Hallquist, Robin Hallquist, Kathy Saffian, Jim Covey, Lisa Cover, Lori Hogan, Devyn Hogan, Jeff Duncan, Joyce Charrette

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

Selectman Vecchio moved to accept the minutes of the May 14, 2007 meeting as written. Selectman Strasser seconded, and the motion was passed unanimously.

The report from Stan Borkowski is posted on the bulletin board.

John Serfass from the White Mountain National Forest Service came to present information on two properties in Carroll that have been offered for sale to the WMNF. The first is owned by the Whitefield Water Company, and is 200 acres. Timber has been cut in the last 2 years, and the trees will be allowed to grow for the next 40 years before cutting again. The property will be open for hiking, hunting, camping, etc. It will be open public land if purchased. There are currently no hiking or snowmobile trails on the land, and the only roads are those used for the clearing of trees. The second property is 100 acres owned by Gary Whitcomb, and has also been cleared of timber recently and will be allowed to grow. There is 1 snowmobile trail across and down from Cherry Mountain that connects to Rte. 115. There will be no change to this. The property is not adjacent to Mr. Whitcomb’s house, and there is a right of way to his home. There will be payment in lieu of taxes on Mr. Whitcomb’s property if purchased – the current amount paid for federal land ownership is $1.45 per acre. The town currently receives no taxes on the other property because of ownership by the municipal water company.

Selectman Strasser commented that over 50% of the town is in the WMNF, and the town doesn’t want the percentage to get too large. He asked about the town’s ability to approve land sale to the WMNF, and was told that within the boundaries set by Congress, they had little say, but the Forest Service hoped for support. Outside the boundaries, the state would most likely take a town vote into consideration. Selectman Strasser then asked how difficult it would be to use Forest Service land should we find it necessary to move our water tank on Rte. 115 up onto their property. There is a possible pressure problem if we expand the water line, and this could be relieved by moving the tank higher. Mr. Serfass said he didn’t think it would be a problem, but was not sure the land in question is owned by the WMNF. Chairman Moroney moved to allow the WMNF to purchase the two properties presented. Selectman Vecchio seconded the motion, and it was passed unanimously.

A response letter from Laila Fekay was read by Chairman Moroney. In it Ms. Fekay agreed to fence off the foundation pit and secure the construction site. She also will be putting up No Trespassing signs and prosecute violators. Tom Gately reported that insulation had been picked up, snow fence erected around ¾ of the hole, and around the antique shop. It was agreed that for now the site was okay. Selectman Strasser reported that the town had received a notice of foreclosure for all of the Naturally New Hampshire property, with a sale date of June 14, 2007.

Chairman Moroney stated she’d spoken with Mr. Rancoeur of RPF Inc. about a mold inspection for the police station. He said the state has limited standards for mold, and given the fact that we plan to tear out the affected area, we would not gain much by having an inspection. He recommended those working on the area wear respirators and use plastic to separate the work area from the fire station. Chairman Moroney also spoke to Kim Hallquist of the LGC legal staff, and the selectmen have the authority (RSA 411:a) to determine the use of the building. Selectman Strasser suggested the full Building Committee work with the fire department and get the committee’s recommendation about the fire department taking over the police station space. The risk of having the town turn down a new police station next March was discussed. Selectman Strasser said last March’s vote was probably too much at one time, and if facts were presented properly next year, a new station would be supported. The current space is too small for the police, and the fire station needs the space. When Mike Gooden asked if the state would allow the police to go back after leaving their station, Chairman Moroney said the state is not currently clamping down on small towns with space problems like ours, but their new standards are tougher. Our police are breaking arrest records this year, and the state may be harder on us. Selectman Strasser said one of the issues involves separate space for men and women which we don’t have. He made a motion to have the town vote deal with the police later, and let the fire department clean up and have the current police station space. Jeff Duncan said he’d like to hear what the Building Committee says at their May 22nd meeting before deciding this issue. Chairman Moroney moved to table the issue for 2 weeks; the motion was seconded, and passed unanimously.

Selectman Vecchio said she’d previously asked to table Selectman Strasser’s suggested Rules and Procedures for meetings of the Board of Selectmen. She now had suggestions for the procedures and read her suggestions which she took from Roberts Rules of Order.

Roberts Rules provides for constructive and democratic meetings, to help, not hinder, the business of the assembly. Under no circumstances should “undue strictness” be allowed to intimidate members or limit full participation. These principles give guidance on method and to provide reasonable compromise in the event of conflict.

*Roberts Rules of Order apply to all meetings.

*A call to order, flag salute, approval of minutes, signing of checks should be the first items of business. Old business, new business and executive session are usually the last items.

*All people must be recognized by the chair to obtain the floor or have the right to speak.

*All remarks must be directed to the chair. Remarks must be courteous in language and in behavior – avoid all personalities, never allude to others or to motives.

*No member can speak twice to the issue until everyone else wishing to speak has spoken to it once.

*The agenda and all committee reports are merely recommendations.

Selectman Strasser said he’d like to say that someone cannot speak directly to another person other than the chair. Selectman Vecchio said that was covered in the 4th item, but agreed to change it to read “all remarks must be directed only to the chair.” She also said she’d like the board to think about these procedures and vote on them in 2 weeks.

Chairman Moroney brought up the fact that we have no established terms for various board members, and she’d like to research how long our members have served and whether term limits should be in place. Selectman Strasser said he hasn’t fully researched it yet (RSA 674, 675 and 669), but we may have to elect Planning and Zoning board members. There are separate RSA’s for Planning, Zoning, and the Budget Committee (32:15). He said a selectman cannot be chairman of the boards, and maybe a selectman shouldn’t be on the ZBA. He talked about conflict of interest of offices and boards, such as the treasurer cannot hold the office of tax collector. Evan Karpf commented that it’s hard to get people involved, because in addition to meetings, members should attend seminars in order to be properly educated in their function. Alternates should attend meetings even when they are not needed to make a quorum, so that if they are called upon to vote they are familiar with the issues previously discussed. Chairman Moroney suggested that specific terms may encourage residents to join.

Chairman Moroney said when they did the town hall safety inspection, the archive storage problems were discussed. There are a great many records stored that are either not labeled or are no longer necessary to be kept. The office staff is willing to go through these records, but in order to do this efficiently, the office needs to be closed to the public. Chairman Moroney moved to close the Selectmen’s Office on Wednesdays from 8 AM to 12 Noon until further notice. Selectman Vecchio seconded the motion, and it was passed unanimously. Becki Pederson stated she would help with the organization process, but did not want to close the Town Clerk/Tax Collector’s office since it’s open only 4 days a week. Her deputy, Jen Hancock, can let her know if someone needs her help and she’s in another part of the building.

A Water Warrant for Hoffshire, Keife, O’Brien was approved and signed.

Doug Bews asked about the status of contacting the IRS about the AMC. Chairman Moroney said we had contacted Bernie Waugh, and he did not recommend we do this now, but he said Mr. Bews could contact them himself as an individual. Mr. Bews said there was an article in the LGC Town and City magazine about charitable organizations’ tax exemption issues, and we could perhaps use the attorney general contacts mentioned. Selectman Strasser said the attorney general’s office is taking the side of a non-profit against Concord, and that politics is doing funny things right now. Chairman Moroney said that when all the AMC exemption forms and financials are here (two here now, one more in June), we will go forward from there.

Mr. Bews next suggested the possible sale of the town’s Industrial Park land. He said the Economic Development Committee was looking into development, but money from logging went into the general fund, not into seed money for development. He said in order for municipalities to own land, it must be for a specific purpose, and he can’t see the town using the 80 acres. He thought it best to be sold and get the tax revenues from the property. Chairman Moroney asked the secretary to contact Jay Ouellette for data on this land and the committee.

Lee Hallquist asked the status of the John Bell property on Rte 3 South. John D’Urso holds the mortgage on the property, is trying to get deed to the property, and will be contacted about cleaning it up. It was mentioned that Josh Weaver is doing business on the property with no license, a result of a deal with Mr. Bell. Chief Duncan said there are health code issues that need to be addressed, as there are frequently kids on the property. At Dr. Karpf’s suggestion, the secretary will call Stan Borkowski and ask him to accompany Dr. Karpf on a visit to the Bell property.

Selectman Strasser brought up the letter we’d received from the Mt. Washington Hotel owners offering land for a fire station. It’s been three months since we received the offer, and we need to respond. The Building Committee will be asked to address this at their May 22 meeting.

Chief Duncan commented that the new culvert behind the fire station is done, and the recent rain storm was not a problem for the station.

Jim Covey presented two letters from the Chamber of Commerce to the selectmen. The first was a request that the town share in half the cost of a portable toilet to be placed by the information booth between June 1, 2007 and October 31, 2007. The total cost to the town would be $250. T.P. Toilets of Whitefield will supply a brand new toilet with hand sanitizer and remove the waste every two weeks or more as needed. The unit will be placed so it cannot be seen from the road, and they will apply to the Planning Board for a permit to place a temporary shelter for the toilet as well as room for trash disposal and a kiosk with 24 hour tourist information. He explained that the town does not offer 24-hour accessible public restrooms to the traveling public, and there is a need. Joyce Charrette, co-owner of the Twin Mountain Country Store, verified the need for the facility. She said they frequently have people come into the store desperately in need of restroom facilities, and their one portable unit cannot keep up with the demand. Selectman Strasser moved to approve funding for this project, Chairman Moroney seconded the motion, and it was passed unanimously. Mr. Covey said he hoped this facility would be up by June 1, but may be moved afterward.

The second letter (copy attached) dealt with the town funding of the Chamber each year. Currently each year the Chamber funding is submitted by warrant article, and Mr. Covey would like to see that changed. His proposal to the board is to see the entire rooms and meals distribution from the state turned over to the Chamber to support their efforts to promote tourism. He said the revenue varies from year to year based on town population. In 2006 we received $28,911.30. Selectman Vecchio suggested we not vote on this tonight, but rather gather information. She feels we need to have the community and Chamber work together. Mr. Covey said the town spends no money on tourism other that the $8,000 the Chamber received through the warrant article, and we have businesses teetering. He feels the Board of Selectmen needs to step up to improve the town. The Chamber is looking to get a visitor center on the hill; they’ve talked to the Cog Railway about putting a train on the hill, the Cog being a major attraction in the area. Dr. Karpf said if businesses don’t survive, residential taxes will go up. Because the rooms and meals distribution is received in December each year, the legality of holding over funds came up. It was suggested researching the method by which the Conservation Commission is going to hold over remaining budget money, and Mr. Gately said they would discuss this request at their meeting this week. RSA 32.7 was mentioned as dealing with holding over money. Mr. Covey asked whose permission was needed for putting the cog train on town property. Selectman Strasser said it was the Board of Selectmen, but we need to check with the road agent and the insurance company for liability. They would probably send someone to inspect for safety issues. Selectman Vecchio asked about Chamber meetings, and was told that the next meeting is June 11 at 9 AM at the Mt. Washington Hotel. They will try to have some evening meetings. The board tabled the issue until June 4th for further information.

Lori Hogan announced new hires by the Recreation Committee for the summer program. Derek Patterson will be the director this year. He is a teacher in Whitefield, and has experience in summer programs. New counselors are Tabitha Lewis from Whitefield, David Warren from Twin Mountain, and Robin Morrow from Whitefield. Ms. Hogan was asked for a copy of Mr. Patterson’s application and release for a background check. She will get this information to the town office. There will be another cleanup day at the Rec Center on June 2nd and all are welcome to participate. Ms. Hogan said the floating dock has been ordered, and the Snowmobile Club has donated $1,000 and the Chamber of Commerce $300 towards the purchase. She also reported the new leach field is in place.

Selectman Strasser said he noticed a discrepancy in the amount of money we received from the insurance company as compared with the court awarded restitution amount. The $1,000 difference is the deductible amount called for in our policy.

At 8:45 PM, as there was no additional business, Chairman Moroney declared the meeting ended, and moved to go into executive session regarding a legal matter and town aid. This was seconded by Selectman Vecchio. The board was polled, and went into executive session.

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