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Minutes of 9/28/2009

October 13th, 2009

Carroll Board of Selectmen
Meeting Minutes
September 28, 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, Ken Mills. Bonnie Moroney was excused.

The meeting was called to order at 7:08 PM by Chairman Hancock.

Members of the public present: Andrew French, Tom Geser, Jan McLure, Bill Dowling, Roberta McGee, Carmine Fabrizio, Ann Fabrizio, Leslie Bergum, Ed Martin, Bill Rines, Mike Gooden, Don Gadbois, Meredith Gadbois, Jody Hodgdon, Jeff Duncan, Tom Gately

Pledge of Allegiance

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

Chairman Hancock made a Motion to: Accept the minutes for September 14, 2009 as written. Selectman Mills seconded and the Motion passed unanimously.

Stan Borkowski’s report was received and posted.

Andrew French with the U.S. Fish & Wildlife Service, accompanied by Tom Geser, also from the Service and Jan McLure, from the Nature Conservancy, made a presentation to the Board regarding the Pondicherry Division of the Sylvio O Conte National Fish and Wildlife Refuge. The Service is hoping to add 425 acres to the refuge. Some of the land is located in Jefferson and Carroll; and some is located in Whitefield and Carroll; two separate parcels owned by two different people. Mr. French gave a brief background of the Refuge and noted it consists of 7.2 million acres in Vermont, Massachusetts, New Hampshire and Connecticut. He went on to explain the location is that immediately surrounding the overlook on Route 115. It is their intent to put in a low profile observatory. With this project, they would improve parking, give the ability to look at the area and show information of the area as well as what is being looked at. They are seeking the support of the Board in their endeavor to add to this. Mr. French explained they buy land at market price from willing owners only – it is never done in a negative way. He further stated they do not pay taxes, but do a Payment in Lieu of Taxes agreement instead. It was asked if this should involve the Planning Board, and Mr. French said they don’t usually, as there is no subdivision and no development involved. He said it is their process to interact and coordinate with the Select Boards of the towns. He pointed out as this is the first in the Town of Carroll, the Board might wish to check with Whitefield or Jefferson or any of the other towns where the Refuge is located, to find out how they are to work with. Ed Martin stated that he had been going up north hunting for many years and it seems since the Refuge was started up there, that there are no wildlife or birds. He went on to say it seems when the public can access an area, it disturbs life, and wondered if introducing more people to an area is a good thing. Mr. French explained it is part of his job to strike a balance between plants, fish, wildlife, birds and people and that all must be compatible. If something is being done that is not compatible, a change must be made and went on to say there are many reasons including cyclical when it would seem there are fewer wildlife, etc. He further explained that attempting to improve public access to a specific area, making it easier for people to get to them, leaves other areas alone for the fish, wildlife, plants, etc. Mr. French added that there are no closed areas on the Refuge.

It was brought up that from the discussion of the location of the land, it may be in the same area as land being considered as a possible location for a new well for the Town, and if this is the case, asked how it should be handled. Mr. French advised that the Town should speak with the landowner before anything happens with the Service, and then they would be happy to work with it. He noted they wouldn’t try to get in the way of anything. But once the Service purchases the land, they couldn’t do anything. It was noted that the first step is to ascertain if it is the same location. Leslie Bergum said she is on the Conservation Commission in town and is a member of the Friends of Pondicherry. She’s volunteered many hours there and is very involved with it, and offered to take anyone in to see some of the public access points, etc. Mrs. Bergum said she cannot speak for the Commission, but as an individual member she believes having the opportunity to have land in the Town of Carroll as part of the Refuge in town would be tremendous. She was asked if the Conservation Commission would be available to take a look at this before any decisions are made, and she assured that they would. Mr. French stated if there are any questions, to be sure to contact himself or Mr. Geser. It was agreed that the Board would let Mr. French know how they feel about the acquisition before the end of October. They and the landowners do want to move forward on this, but he said they will not do the project if they do not have the support of the Board – they could, but it is now how the Wildlife Service works. It was noted that by the end of October, they would have feedback from the Conservation Commission and have hard data on the well, also.

Attorney Jody Hodgdon spoke on behalf of Don Gadbois. Mr. Gadbois came before the Board previously with his concerns about the culvert put in on Old Town Road during a flooding emergency in July. Mr. Gadbois had also pointed out that there had been no permits received from DES. Since that time, DES was contacted and he met with Rick Treiss regarding the work done. Attorney Hodgdon said Mr. Treiss felt it should have been permitted and that possibly the least expensive way to handle it would be to restore it to its previous way. Discussion ensued about documentation of ownership as well as the class of the road. Atty. Hodgdon said there should be no dispute that it is a Class VI road, as a Class V must be maintained year round and this road has a sign that it is not maintained in the winter. It is their belief the road should be returned to what was before the culvert was installed and that it is clearly outside what right-of-way/ownership of the road would be. It was noted that the town would hire a certified wetlands specialist and that DES would supervise the restoration. It was stated that the culver was put in for a reason and that the town does not just install culverts “wily nily.” Discussion reverted to the class of the road, and pointed out that a Class VI road cannot have public spent on it – that any work done should be done at the expense of those who use it. It was also said that there is no liability on a Class VI road – it is considered to use at own risk. The Selectmen stated that they certainly want to do what is right and if that is removing the culvert, then that is what should be done. Before anything further, though, they want to verify the class of the road and also confirm ownership. Leslie Bergum said she had stopped by to see the work and it just happened to coincide with Mr. Treiss’ inspection. She said the Conservation Commission will be happy to help on this. Mrs. Bergum confirmed that Mr. Treiss had stated the culvert is appropriately sized and that he said it more of a wetland and restoration issue. Atty. Hodgdon said that the ultimate solution would worked out by the wetlands scientists and the DES as to what stays, what goes, etc., and that no one is exempt from wetlands permits. It was pointed out that with the process of permitting, all who should be notified, would be.

Bill Dowling, Superintendent of the Transfer Station, updated the Board of the cutting and mowing that had been done. He proceeded with his main reason for attending, which was to discuss his intention of moving the gate and fencing near the old compactor at the old landfill and replacing it. He said he had called several fence companies numerous times and received only one proposal from Vermont Recreational Surfacing and Fencing, Inc. in Barnet, VT. They will do the job for $2,548, and the work will be done in October. He said the new location will allow the Fire Department access to the hydrant year round, and it will be adaptable to any future fencing in the area. He noted he will also be putting up “No Trespassing” signs.

The following items were approved and signed:

Water Warrant – Cote, McGonagle, D’Urso
Yield Tax Warrant – Bretton Woods Land Co., LLC
Oath of Office – Charles Cohn
Final Invoice – Former Old Town Road Bridge

Matt Low from Hoyle, Tanner and Associates, the engineering company in charge of the Old Town Road bridge replacement, discovered in August that one subconsultant was not done when they closed out the project late last year. This was Preservation Company, who has just recently completed their Historic Documentation to fulfill the requirements of the Memorandum of Agreement executed by the Town, NHDOT, and Army Corps of Engineers. Mr. Low noted that this would be important information for when the Town chooses to do something with the old bridge, too. This final invoice is in the amount of $2,397.50, and Mr. Low had contacted NHDOT, who will participate 80% as with the rest of the project. When the Town has proof of payment, (the cancelled check), we can submit a reimbursement letter to the State, and the actual cost to the Town will $479.50. Chairman Hancock made a Motion to: Approve the final invoice for payment. Selectman Mills seconded and the Motion passed unanimously.

The Health Officer Re-Nomination form was put forth. Evan Karpf had accepted re-nomination, but had not come into the office to complete the form with his mailing address, education, etc. Dr. Karpf telephoned and said he was out of the area and asked that it be brought to the meeting for signatures. He said when he returned he would fill it out and it could be mailed. However, the Selectmen were not comfortable signing it that way, and Chairman Hancock made a Motion to: Table the signing until the next meeting after Dr. Karpf has been able to complete the form. Selectman Mills seconded, and it passed unanimously.

At the previous meeting, the Selectmen requested that Stan Borkowski review the proposals for replacing the roof over the new addition at the Town Hall, and make his recommendation. Mr. Borkowski recommended Whitney’s, Inc. from Franconia, at a cost of $7,971. Chairman Hancock made a Motion to: Approve Stan’s recommendation of Whitney’s. Selectman Mills seconded, and the Motion passed unanimously.

It was noted that plumbing and heating contractors had been solicited for proposals to replace the old furnace and the two old oil tanks in the Town Hall. By replacing the one large furnace with two smaller ones, there will be greater control of the heat. These will be piped with the smaller furnace installed a year ago so that one, two or all three will run as may be required. These will be more efficient and much less costly to operate. It has been requested that the proposals be received by October 2, with a decision may no later than October 19. It was asked if glycol will be put into the system, and which the answer was it will not be. As long as the circulator is keeping things moving, there wouldn’t be any worry of freezing and it was also noted that though the thermometer is kept down, there is always some heat in the gym. The Crew has been working on tightening the building up, also, by filling in old basement windows, adding insulation to the attic, etc.

In Other Business, Selectman Mills noted that regarding the issue of weapons training for the Police Department that was brought to the Board some time ago, the Board and the Police have come up with a solution for notification. The Department has post cards that they leave at residences and businesses when they are doing routine checks and notice open doors, etc. They will deliver these to abutters to notify them that training will be taking place within a certain period of time. They are precluded for many reasons, from being specific, but felt the neighbors would appreciate at least having some advance notice which week or such that it will take place.

Leslie Bergum told about having attended the Ammonoosuc River pathways presentation in Littleton. She said it was about the study of how the river flows, erosion, etc. Mrs. Bergum said it was very good and informational, and as there are some areas of the River in Carroll of concern, there will be a meeting with all of the Boards at the regular meeting of the Planning Board on November 5. Mrs. Bergum stated there could be additional resources available to the town and encouraged the Selectmen as well as all the Boards, to attend.

Roberta McGee spoke about the bamboo on the corner of Ledoux Road and Parker Road (Selensky’s corner). She said it has gotten to the point again where it blocks the view for oncoming traffic and asked if it could be cut down, the way the Highway Department did last year. The Selectmen asked Bill Rines to take care of that. Mrs. McGee also spoke about a couch that has been on the side of Parker Road for several weeks and wondered if that could be taken to the Transfer Station. Bill Rines said he spoke to Bill Dowling at the Transfer Station a while ago, but Mr. Dowling said it should stay where it was as it needed to be investigated. Chairman Hancock made a Motion that: the Highway Crew dispose of the couch at the Transfer Station. Selectman Mills seconded, and it passed unanimously.

Bill Rines revisited the issue of repairing versus purchasing a new Cat/tractor from the previous meeting. He is concerned about spending such a large amount of money on such an old piece of equipment. Discussion proceeded to a possible lease agreement as well as a tractor with and without certain attachments. It was reiterated that with the way the economy is, we need to repair what we have and if things are better in a few years, then look into it again. He also advised the Board that when he notified the company that he wouldn’t be renting a machine while ours is being worked on, they told him that it would cost too much for them to come up just to pick it up. They recommended he look into a local company to transport the tractor for repair. When Bill did, he found out it would be a minimum of $500 one way. Discussion ensued as to any savings versus not having a machine to work with for a month at this time of year. He spoke of doing their winter sand and of a leak discovered just prior to the last meeting and having to wait for supplies. It was suggested that equipment be coordinated to work on various projects and Mr. Rines said it’s hard to do with only one piece for both highway and water. It was noted that planning could save money, and if repairs could be made in the summer when use would down, that would be helpful. The Selectmen asked that the cost of renting and transporting be verified. Brief discussion took place about the possibility of purchasing a grade-all bucket and/or a much needed lawn mower. It was pointed out that there may be good sales at this time of year for a mower. Mr. Rines should get several bids, making sure any machine can be serviced. Chairman Hancock made a Motion to: Move forward with the repair of the tractor including renting a replacement. Selectman Mills seconded and the Motion passed unanimously.

Chief Jeff Duncan advised the Board that Flu Shots will give Tuesday, October 6, at the Fire Station from 6 p.m. to “7 ish,” and that this is open to all town employees. When asked if people from the various boards could also come, Chief Duncan said yes, as long as there aren’t 200!

Ed Martin then presented the Cemetery Budget, as follows:

Salary 1
Trustee Chair Salary 300
Trustees Salaries 400
Maintenance 2,300
Improvements 2,950

Total 5,951

Mr. Martin noted that the budget was reduced by $200 from 2009, and noted that he is hoping to reduce it even more next year, as maintenance gets done. He summarized each cost:

Spring and fall clean up, trimming, bagging and 12 complete mowings. He also
commended Mike Rouillard on the wonderful job done in the cemeteries this year.
Relocating perennial flowers.
Construction of 12’ wide vehicle pathway from Main Entrance on Rt. 3, to entrance gate
on New Straw Road. This will not be an excavation project, it is more to delineate
where to drive than to be an actual road.
Continued mapping and documentation of grave sites, including purchasing software.
Maintaining and repairing damaged headstones as required.
noting that several stones were repaired at no cost, in an experiment, that looks very
promising.
Bookkeeping, titles, deeds, mailings, etc.

Mr. Martin was encouraged to purchase the software this year if he possibly could and thus reduce the budget that much more. He noted the Trustees would be sending a thank you letter to Paul Gamache as he took care of the Crawford Cemetery all season.

Bill Rines will present Buildings, Highway and Water budgets on October 5.

As there was no further business, Chairman Hancock declared the meeting ended at 9:08 p.m. and moved to go into Non-Public Session for 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 Mills 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 9:45 p.m. The next meeting will be Monday, October 5, as October 12 is a holiday.