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Minutes of 08/31/2009

September 10th, 2009

Carroll Board of Selectmen
Meeting Minutes
August 31, 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: Chris Hancock, Bonnie Moroney, Ken Mills.

The meeting was called to order at 7:03 PM by Chairman Hancock.

Members of the public present: Roberta McGee, Bill Dowling, John Birknes, Evan Karpf, Joan Karpf, Jane Ikasalo, “Ike” Ikasalo, John Trammell, Kelly Trammell, Edith Tucker, Jeremy Oleson, Bill Smalley, Chuck Jellison, Tom Gately, Rena Vecchio, Leslie Bergum, Nancy Mitiguy

Pledge of Allegiance

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

Chairman Hancock brought up the minutes from August 24. Bill Dowling had two corrections; one was the effective date when construction debris will not be allowed in the brush pile is January 1, 2011, (not 2010) and the other, in the Recycling budget, was the price of the MSW Haul is per trip (not per ton). Chairman Hancock then made a Motion to: Accept the minutes for August 24, 2009 as corrected. Selectman Moroney seconded and the Motion passed unanimously.

Stan Borkowski’s report was received and posted.

The following items were approved and signed:

Letter of approval to Liquor Commission for Mount Washington Hotel & Resort
Lock-in Agreement with Stiles Fuel Co.
Savings Account Withdrawal from Connecticut River Bank to Laconia Savings Bank
MS-1 Extension Form
Water Abatement – Corkery
Current Use Warrant – Geller

The letter of approval for Mt. Washington Hotel and Resort was requested in order to complete the transition to the new management company. This included all of their liquor licenses at all of their locations.
It was noted the lock-in oil price is from December 1, 2009, through April 30, 2010. Evan Karpf mentioned that the price of oil had dropped that day, but the Board had made the commitment to lock-in, and felt it was still appropriate.

The savings account withdrawal requested by Treasurer, Sue Kraabel, is from the Water Enterprise fund at the Connecticut River Bank for $113,000. She asked that the Secretary let the Board know this will all be deposited to the General Fund at the Laconia Savings Bank, as the Water Department owes in excess of this amount. Mrs. Kraabel also asked that the Board be advised that all accounts will be moved to the Laconia Bank by summer, with the exception of the Rec Dept.

Regarding the Current Use Tax assessed to the Gellers: it is a 53.78 acre parcel off Old Cherry Mountain Road, presently in Current Use, and from which they removed three acres for the purpose of building a house and garage. Leslie Bergum asked how the property was categorized and was told it was listed as “hardwood with Stewardship.”

Discussion regarding the Planning Board’s request to speak with Town Counsel was next on the agenda. John Birknes, Chairman of the Planning Board, explained he was in attendance because he had learned through Town Counsel, Laura Spector, that the Planning Board is the regulator for excavations for the Town under RSA 155E, entitled “local regulations/excavation.” They had previously believed, based on town ordinance, that it was the Zoning Board. Mr. Birknes also noted that he was unable to attend a meeting earlier in the month, with the Planning Board and the Zoning Board to review town ordinance, and that he had emailed an article for the warrant in March designating the Zoning Board as the regulators. Mr. Birknes went on to say he had received a copy of a letter to Bill Rines from the Selectmen which stated that he was in violation of Town of Carroll zoning ordinance. The letter stated that Mr. Rines may continue with his project until November 30, 2009, at which time the excavation must be finished or he must go to the Zoning Board for a variance to come into compliance. Mr. Birknes disagreed with Town Counsel’s advice that the Selectmen could do this. He said he is disturbed that anyone might violate town regulations because it doesn’t matter as they won’t be enforced. Mr. Birknes said that as the Zoning Board is limited to acting only on applications before them, the Planning Board is the only one to determine regulation of RSA 155E. Mr. Birknes asked how the Select Board could have proceeded with the required pit agreement, bond for reclamation and no conditions for reclaiming. When it was stated that these had been received, he asked who determined the cost of the bond. It was noted that the bond was the same as that for Mr. Rines’ previous project.

Selectman Moroney explained that in this particular situation, there had been much discussion as to whether a variance was already in existence or not, due to one having been approved years previously for the former owner. In spite of many hours searching, town minutes and other documents could not be found. When we received copies from Mr. Rines’ lawyer, we found that interpretations varied. This procedure had been back and forth for several months and going nowhere and there needed to be resolution. The Selectmen asked Town Counsel if they could do this and were told they have the authority and the legal right. They believed allowing the work to continue to a stated deadline and enacting enforcement at that time as may be necessary, was the fairest way for all concerned.
During the previous week, Mr. Birknes telephoned the Office to request that Town Counsel either email or telephone him regarding several questions wanted to ask. It was when the request was passed on to Ms. Spector that she said because she has been advising the Selectmen they must decide if they want to waive their attorney/client privilege, before she would communicate with the Planning Board. Mr. Birknes questioned the reason for this as there is no court case. Discussion returned to the letter sent to Mr. Rines, which was crafted by Town Counsel, and several disagreed with its interpretation and felt there was a conflict of information. Discussion ensued and it was suggested that discussion be tabled until we can check with Counsel. Selectman Mills made a Motion to: Table the discussion until we can clarify the intent of the letter with our attorney. This Motion is to include tabling the agenda item as well. Chairman Hancock seconded and the Motion passed, two yeas, one nay.

Budget presentations came next with the Library being first. John Gardiner, Treasurer, was unable to be in attendance, but he sent the proposed budget in. It is the same as 2009:

Books 1,800
Subscriptions 100
Miscellaneous 100
Capital Items 500
Computer/Software 500
Audio/Video 250
Dues/Training/Seminars 100
Office Supplies 300
Mileage 250
Librarian Salary 8,600
Telephone 750

Total $13,250


Tom Gately apologized for having missed his presentation the previous meeting and proceeded with the Budget Committee proposal:

Supplies 50 (same as 2009)
Training/mileage 200 (reduced by $50 from 2009)

Police Chief, John Trammell, continued the budget procedure with the Police Department’s proposal.

Chief Salary 52,500
Sgt. Salary 49,333
Det. Salary 44,635
Special Officer 10,000
Overtime 25,000
Training 2,000
Patrolman Salary 39,936
Office Supplies 2,000
Professional Assn. 300
Vehicle Repairs 6,000
Gasoline – est. 13,600
Accurint-Lexus Nexus 750
Fairpoint 2,000
US Cellular 1,250
Grafton Dispatch 800
Time Warner 700
Verizon 1,400
IMC 1,315
Equipment Purchase 1,000
Radio Repair 1,250
Computer Support 2,500
Bullet Proof Vests 1
Computer 1
Clothing 4,000
New Officer Clothing 1
Uniform Cleaning 1,500
Ammunition 3,000
Travel Expense 400
Miscellaneous 1,000

Total $ 268,172


Chief Trammell said they kept any lines they could the same as 2009. But because of increased costs, there were some they had to change. However, he noted that the total is down substantially in part because they’ve been able to remove the detail line because of the new revolving account for special details. This allows the reimbursement money to be deposited directly and is no longer an expense to the Department.

Increases from 2009 include:
Office Supplies 1,500 increased by $ 500
Professional Assn. 200 increased by 100
Vehicle Repairs/Maint. 4,000 increased by 2,000
Accurint-Lexus Nexus 500 increased by 250
US Cellular 1,200 increased by 50
Grafton Dispatch 750 increased by 50
Time Warner 660 increased by 40
IMC 1,300 “ “ 15
Radio Repair 800 “ “ 450
Computer Support 1,250 “ “ 1,250

Chief Trammell said he had put in for a grant for bullet proof vests, but found out only this morning that the government has pulled all grants so they are not available. Chief Trammell said he could purchase four vests for $2,400. After discussion, Selectman Moroney made a Motion to: Move $2,400 from line 203 to line 303, to buy the four vests this year. Chairman Hancock seconded and it passed unanimously.

The vehicle repair and maintenance line is usually only for tires, oil, etc., because they are usually under warranty, but there are now two that are no longer under warranty. Chief Trammell said they are hoping to replace the Tahoe in 2010.

He also said they had only recently received the ammunition they ordered last fall, so he was authorized by the Selectmen to order now for next year since it takes such a long time. Chief Trammell said they must pay for it when they order it. It was also noted that the Police Academy now requires lead free ammunition and they believe the state will going that way for their ranges as well, and it is more expensive. Selectman Moroney made a Motion to: Move $3,000 from line 203 to line 308 to allow the Police to purchase ammunition this year. Chairman Hancock seconded, and the Motion passed unanimously.

Discussion turned to radios and computers which the Department is in great need of. It was suggested because of the decrease in the budget, that radios be put in as a line item rather than as a Warrant Article. It would at least allow us to try to find money, even if the budget is cut again. Further the computers they currently have are quite old and there is only one that is able to be used currently. It was suggested that money be moved this year for a new one. Selectman Moroney made a Motion to: Move $1,800 from 203 to 900 for a new computer for this year. Chairman Hancock seconded and it passed unanimously.

In other business, Bill Dowling had several items:

1. He noted fill had been dumped on one of the Transfer Station’s lots on New Straw Road, and he’ll speak to the Highway crew about it, as they shouldn’t put any more there.
2. He reported Time Warner had installed the cable on Thursday.
3. The scale was hit by lightening, but will be repaired soon.
4. And lastly, that his helper Barbara Sobolewski, will be getting done on September 11.
Mr. Dowling said she was a very good employee and worker.

Mr. Dowling also spoke about the pay-per-bag system and had some information for the Board. Discussion took place as to money that might be saved as well as possible costs, such as the initial outlay for the bags. Mr. Dowling said this would come out of the Special Revenue fund. If the Board wants to go forward with this, he will come in with specific, definite information. He also presented a Warrant Article that the Board may choose to use if this goes forward. Leslie Bergum stated a lot of residents in Bretton Woods utilize dumpsters out there and asked how this might affect them. Mr. Dowling said it wouldn’t affect them. It was asked how to prevent people from dumping if we go to this system. It was noted that other towns have not had big problems with this, and that also any who do it, will do it anyway. It was stated if this goes forward, there should be a public hearing and perhaps invite a person from DES to answer questions.

As there was no further business, Chairman Hancock declared the meeting ended at 8:57 p.m. and moved to go into Non-Public Session for personnel matters and town aid. The Board was polled and went into Non-Public Session.

At the close of Non-Public Session, Chairman Hancock moved to return to Public Session and seal the minutes from Non-Public Session. Selectman Moroney seconded and the Motion passed unanimously.

There being no further discussion, Chairman Hancock made a Motion to: adjourn the meeting. Selectman Mills seconded and the Motion passed unanimously. Chairman Hancock declared the meeting ended at 10:54 p.m. The next meeting will be Monday, September 14.

Town of Carroll, New Hampshire ®2024