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Minutes of 01/07/2008

January 12th, 2008

Carroll Board of Selectmen
Meeting Minutes
January 7, 2008
"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 7:00 PM.

Members of the public present: Mike Gooden, Roberta McGee, Jackie Garneau, Dan Garneau, Bill Rines, Bill Dowling, Jim Glidden, John Staples, John Trammell, Kelly Trammell, Evan Karpf

Pledge of Allegiance

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

Chairman Moroney moved to accept the minutes of January 2, 2008, as corrected. Selectman Strasser seconded and the motion passed unanimously.

Stan Borkowski’s report has been posted on the bulletin board.

Chairman Moroney reported that three weeks ago, Jackie and Dan Garneau had requested that the board meet with them to look over worksheets prepared by the Attorney General’s office and used at the trial of Louise Staples. They also asked that the board attempt to stop the insurance company from seeking restitution from Ms. Staples. Chairman Moroney said they had gone to Town Counsel to see if it was legal for them to do this, and he responded with a message that was read (copy attached). The essential message was that the selectmen have no legal authority to do these things, and would not be protected from personal liability if they chose to do so. Comments were made that Selectman Strasser had signed a letter to the LGC authorizing them to seek restitution, and that the selectmen could help if they wanted to. A brief discussion took place, and the selectmen concluded that there was nothing they could do. Per Atty. Waugh’s note, any further resolution would have to come through the court system. Jackie Garneau expressed her disappointment that the selectmen would not at least look at the court documents, and left the meeting.

The following warrant articles were brought forth.

An article asking if the town wants to discontinue the practice of grouping the capital reserve fund appropriations. Approved unanimously

An article to authorize the Planning Board to prepare a Capital Improvements Program. Approved unanimously

Two articles regarding hiring a Town Manager. Selectman Strasser said he could not support this as the budget increase had not been reduced to below 6%. The first article was asking to adopt the town manager plan. Approved 2-1 The second was to appropriate $81,899 for salary and benefits for a town manager. Approved 2-1

Petition Article asking to cap the 2008 Budget to a 3 % increase. It was stated that the petition was started by Mac McQueeney; that the increases from 2005 to 2007 were too high, and the proposed 2008 budget increase wasn’t even close to being lowered to the 6% Selectmen Strasser suggested would let him vote for a town manager. Not approved 1-2

An article that would mandate no town money would be used to pay for the water system. When asked who had started the petition Selectman Strasser said someone had brought it up to him and he submitted it. Selectman Vecchio asked what happened to the sentence at the end of the article that noted that if the article passes, the town taxes will go down. This was not on what Chairman Moroney had just read, and she’d heard that was what was presented to signers originally. Selectman Strasser said he thought everyone had signed it with the note on the end, but he spilled coffee on the page and retyped it without the note, since he’d heard comments that the statement wasn’t true. He volunteered to put it back. Discussion took place about how most people are not beneficiaries of the water system, and that the system should pay for itself. Most people agreed; however, the fact that the whole town voted for the bond issue was brought up and the fact that the town is liable for the bond in the end. In 2007 no taxpayer money went to pay for the bond. Evan Karpf said he feels users should pay for the water, but suggested there are people who are not hooked up to the water system yet have hydrants available for fire protection, and there should be a mechanism for charging them something for that availability. Chairman Moroney reiterated that the bond was voted years ago by the town, and that is not referenced in the warrant article. Not approved 1-2

Petition Article asking that a committee of six people appointed by the moderator be formed to investigate town services and taxis in Twin Mountain and Bretton Woods. When asked who had started the petition, Selectman Strasser said he did. Not approved 1-2

Petition Article asking to hire a part-time Town Engineer to do road planning, water, cemetery, and buildings. Salary would be $15,000 with no benefits for 750 hours of work. When asked who brought this article, Selectman Strasser said he did for someone who did not want to be recognized. The article states no money would come from taxation, as it proposes to duplication of salary amounts in various line items of the budget. Dr. Karpf spoke in favor of this article, as did Billy Rines of the idea, but doubted we could find someone qualified for the money offered. Not approved 1-2

Petition Article asking for $12,000 for a 15 passenger van to be used to transport people to medical facilities for re-occurring treatments and to transport participants of the Recreation Leadership Program during the summer months. Questions arose about cost of insurance , whether a special license was necessary for the driver, whether special training was necessary for someone on board, and whether oxygen would have to be in the van. Mr. Rines said when the Baptist Church tried to purchase a similar van, they had to do so in an individual’s name. Not approved 3-0

Petition Article to appropriate $20,000 for the Recreation Program, money to come from the Recreation Special Revenue Fund with no money to come from taxation. This Fund had been set up by warrant article in 2004, and has not been used properly until now. Questions came up about the wording of the article, and Town Counsel will be consulted about how to amend the article at the Deliberative Session. Approval tabled until opinion is received.

The Default Budget was reviewed, but signature deferred to the Budget Committee.

Selectman Strasser reported that Connecticut River Bank had quoted a 3.8% interest rate for refinancing the USDA Water System Bond which is currently at 4.5%. Selectman Strasser moved to give Martha Woolhouse the authority to go to the USDA for information necessary to prepare a new note for either lower payments or a shorter term for this loan. Chairman Moroney seconded the motion, and it was passed unanimously. She will prepare amortization schedules for both ways, so we can choose. Selectman Strasser said he’d communicated with Karen Moran of the Budget Committee, who preferred the shorter term, as the Landfill bond matures the same year as the current USDA loan.

The 2008 Coos County Ambulance agreement was presented. In exchange for mutual aid for the unincorporated areas of the county, they will pay the Town of Carroll $5,000 for the year. Chairman Moroney moved to approve and sign the agreement, Selectman Vecchio seconded the motion, and it was passed unanimously.

The offer letter from Bretton Woods for land for a future fire station was read. This is an option contract that gives the town 10 years to accept the donation of land. Once accepted we have 3 years to build the station. Selectman Strasser indicated he was not happy with the clause that states funding must be in place before the land is accepted. It was also pointed out that a warrant article will have to be passed allowing the selectmen to accept this land. However signing this agreement just preserves the option to accept. Chairman Moroney moved to sign the agreement, Selectman Vecchio seconded, and the motion was passed unanimously.

It was reported that the owner of the Paquette Circle property had been in the town hall and stated that work on fixing up the house would begin by the end of the month.

Selectman Strasser moved to move town operating funds and the Special Revenue Fund monies from Laconia Savings Bank to Connecticut River Bank. Chairman Moroney seconded the motion and it was passed unanimously.

Hoyle & Tanner, engineers for the bridge replacement project, have presented us with an Invitation to Bid ad to be placed in the Union Leader on January 20, 2008. After reading the ad, Chairman Moroney questioned whether we needed to insert something about this work being contingent on passage of a warrant article in March. Chairman Moroney moved to place the ad after checking with Hoyle & Tanner. Selectman Vecchio seconded the motion and it was passed unanimously.

The Hoyle & Tanner contract proposal for construction of the bridge was discussed next. Selectman Strasser had suggestions for changes related to what items the town must supply and assurances that runoff would not accumulate on the roads or into the river without filtration. He also suggested a holdback clause of 10% for payments at the end of the project to make sure everything has been completed. Matt Low will be contacted regarding the changes.

John Staples presented a letter Selectman Strasser had signed asking that his wife explain how the money she’d taken from the town had been spent – was it used to purchase a camp in Maine. Mr. Staples stated he’d received $184,000 in 2001 when he broke his back, and later inherited $130,000 when a relative passed away. He said Ms. Staples had provided no money for the Maine purchase, and felt if the town asked her to explain where supposedly stolen money was spent, she ought to have the chance to show that she didn’t take the money. A request was made again for the selectmen look at the worksheets used in court. Mr. Staples, Dan Garneau, and Roberta McGee feel the selectmen know the people in town whose names appear, and they would be able to see the errors in the worksheets. Atty. Waugh’s suggested that their only avenue of appeal was through the court system, and Ms. McGee expressed dissatisfaction with the court. She said the appeal was supposed to be a 15 minute session with 5 judges, and it turned out to be 5 minutes with 3 judges. It was also stated that the selectmen in office at the time knew Ms. Staples was keeping the $2 Motor Vehicle fees, and were okay with that. Ms. McKee also stated that Ms. Staples was offered the option to plead guilty to taking only $500, a misdemeanor, with a 60 day suspended sentence, and she refused, not willing to say she was guilty of anything. The selectmen said they were sorry, but they do not have the authority of doing anything.

Dr. Karpf reminded people that there will be a Public Hearing on January 15, 2008, at 7 PM, to put forth zoning changes: an Overlay District in Bretton Woods and a Lighting Ordinance.

At 9:20 PM, as there was no additional business, Chairman Moroney declared the meeting ended, and moved to go into executive session regarding legal matters 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

Action Items:

Response letter to Bretton Woods land offer
Industrial Park land use - CEDC
Chamberlain property
Paquette Circle house
Website
Bank change/PDIP
Highway Shed
Hwy/Water Capital reserve money –how long there?
Policy/Procedures Manual
Management Discussion Letter
Old Straw Rd./Mike Lynch Letter
Hoyle & Tanner Contract

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