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Minutes of 01/05/2009

January 11th, 2009

Carroll Board of Selectmen
Meeting Minutes
January 5, 2009

"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 Maryclare Quigley, Secretary

Board members present: Bonnie Moroney, Christopher Hancock

The meeting was called to order at 7:05 PM.

Members of the public present: Ann Fabrizio, Carmine Fabrizio, Roberta McGee, Linda Dowling, Bill Dowling, David Ikasalo, John Trammell, Jeff Duncan, Bill Rines, Evan Karpf, Mike Gooden, Matt Dieterich, Bill Smalley, Al Strasser

Pledge of Allegiance

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

Chairman Moroney made a Motion to: accept the minutes of December 15, 2008, as written. Selectman Hancock seconded and the Motion passed unanimously.

Stan Borkowski’s report was received and posted.

The following items were approved and signed:

Intents to Cut – Bayroot, LLC; Timber Resource Group
Certificate of Occupancy -- Palmer

It was noted that Warrant Articles will be reviewed at the next meeting, January 12.

As there were several items under Other business, Chairman Moroney began with reading and signing the letter to Colonial Bank of Sunrise, FL, to reduce the amount of the Letter of Credit for CNL Income Bretton Woods, LLC. The Planning Board had requested their professional advisors, Provan & Lorber, Inc., Engineers and Planners, to inspect the construction progress on the Mount Washington Hotel Conference Center and Spa. Upon the recommendation of Provan & Lorber, the Select Board agreed the Letter of Credit for the amount of $600,000 could be reduced by $270,000, at this time. The letter was given to Matt Dieterich, Development Manager for Bretton Woods.

Chairman Moroney then read a letter from Terry W. Penner, President of the Forest Cottages at Bretton Woods Condominium Association. The letter referred to the fire and loss of Unit 42. Reconstruction of this unit was undertaken and completed in early December, 2008. Jeff Duncan, Fire Chief, has since denied the Certificate of Occupancy on this unit because it does not meet current code requirements. Mr. Penner went on to say that as less than 50 percent of the building was destroyed, it is not required to meet current code. He noted he had not heard back from Stan Borkowski, Code Enforcement Officer, and has asked the Board to intervene, as he expressed his fear that litigation may be imminent. As Chief Duncan was in attendance, Chairman Moroney asked for his response. Chief Duncan disagreed with the letter and said there is no second egress from upstairs, and as it is not built to code, it is not in compliance. Chief Duncan maintains the unit was100 percent down to the foundation and was not rebuilt to the way it was before the fire. Mr. Duncan spoke with the State Fire Marshall’s office on January 2, 2009, and with Stan, and both agree it is not to code. Chief Duncan said when this was first observed, he gave several options for making it compliant including a stairway and a window, but they chose not to do any of them.

Chief Duncan will contact the State Fire Marshall’s office again and get their determination in writing. Chairman Moroney suggested the matter be tabled until we hear further from Chief Duncan.

Referring to a previous meeting when David Ikasalo had questioned why he had not received a permit to display when he built his garage, the Secretary noted his Building Permit was issued in November, 2006, which was about eight months before the yellow permit for posting was implemented. She also stated Mr. Ikasalo had been advised by mail previously.

Chairman Moroney advised Mr. Ikasalo that the Board is awaiting a response from LGC regarding adding a Selectman at this time. She said they would be in touch with him as soon as they hear anything.

At this time, Chairman Moroney said there had been some changes regarding wages that may not have been addressed at a meeting, though she thought they had. However, to be certain they are, she brought them up now: One is to do with Police Chief Trammell. When he was hired, it was on a salary basis, but due to the changes and amount of work the police have, he was put on hourly. This way, he doesn’t have to worry about comp time, etc., and allows greater flexibility in scheduling. Another is with the Fire Chief, who was previously required to work 53 hours before he was allowed to receive overtime. This has been changed to 40 hours after which time he will be paid overtime. Chairman Moroney noted that the only time overtime is used is if he is called back for an emergency. The final change is with people who are called out for an emergency to receive a three hours minimum. This is in line with other workers, as required by law, who may get called back in. Discussion of the 53 hours ensued and Chief Duncan said when he was first hired it was at 48 hours but got changed to 53 about 2 and half years ago. Al Strasser noted that it was because 53 hours was the maximum allowed by law for firemen.
Mr. Ikasalo asked about the salaries and overtime in the budgets. Selectman Moroney assured him their budgets include these items and they are very careful managing them and staying within them.

Chairman Moroney then went on to say that the Board had met with Walter Mitchell and two partners of Mitchell Municipal Group, P.A., in Laconia, and they had decided to change the Town’s legal counsel. To that end, she asked that a letter be written to Bernie Waugh for signing at the next meeting. Evan Karpf asked why this decision was made. Mrs. Moroney responded that there were several reasons; among them, the length of time that it often took him to get back to us with answers, as he is so busy; that when he was asked for advice, he would give options rather than the advice sought; and they feel they are getting nothing accomplished, especially regarding the AMC situation. She said the new company deals only with municipalities, they do not have private clients, and the price will be around the same. Al Strasser agreed with the Board and told them he feels it was a good decision made. He said the Town lost their first case with the AMC which he believes was due to mishandling.

Dr. Karpf stated he had some Old Business which was that his goal to have the CIP in place is by the end of January. He said with the Board’s permission, he would like to have a meeting with department heads during the day when they can all attend. The Board agreed to that. Dr. Karpf also said he’d like to place an ad in the Democrat for the Master Plan – so that can get moving along again. He explained that there need to be many people working on it for it to be successful and all-encompassing. He said he would prepare the ad and bring it in for submission to the paper. Chairman Moroney made a Motion to: Place an ad in the papers to invite people to help with the Master Plan. Selectman Hancock seconded and the Motion passed unanimously.

Bill Dowling spoke regarding the Selectman position. He asked that if they are going to appoint someone, the Select Board put an ad in the paper so everyone will have the same opportunity to express their interest in the position. The Board agreed they would do this, once they hear back from the LGC. Mr. Dowling thanked them, saying he felt that was right.

As there was no further business, Chairman Moroney declared the meeting ended at
7:35 p.m. and moved to go into Executive Session for legal matters. 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 Hancock seconded and the motion passed unanimously.

There being no further discussion, Chairman Moroney made a Motion to: adjourn the meeting. Selectman Hancock seconded and the Motion passed unanimously. Chairman Moroney declared the meeting ended at 8:15 p.m.

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