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Minutes of 1/10/2011

January 22nd, 2011

Carroll Board of Selectmen
Meeting Minutes
January 10, 2011

"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, Mark Catalano

The public meeting was called to order at 7:03 PM by Chairman Moroney

Members of the public present: Matt Forrest, Roberta McGee, Bill Dowling, Linda Dowling, Frank Maturo, Evan Karpf, Joan Karpf, Jim Covey, Mike Gooden, Tom Gately, Donna Foster, Mac McQueeney, Keith Bergeron, Scott Sonia, John Trammell, Tadd Bailey, Jeff Duncan, Ben Jellison, George Brodeur, Lori Hogan, John Warren, George Brodeur

Pledge of Allegiance

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

Chairman Moroney made a Motion to: Accept the minutes for January 3, 2011 as written. Selectman Catalano seconded and the Motion passed unanimously.

Stan Borkowski’s report was received and posted.

Chairman Moroney read the following statement: “This meeting is being taped by a private citizen and is not done under the sponsorship of the town and is not an official record of the town.”

Chairman Moroney opened the meeting with a Public Hearing on the bond article that will be in the warrant. Mrs. Moroney said the question had been asked several times about our bond rating so she spoke to the Treasurer, Sue Kraabel, who said we have no idea as we have not gone for one since the Transfer Station was built. She went on to say Mrs. Kraabel feels it should be quite high since we’ve got excellent history paying on time and having never missed a payment, but it really can’t be known until we go for one given interest rates and what is going on at the time.

Chairman Moroney read the article for the Bond: “To see if the town will vote to raise and appropriate Seven Hundred Thousand Dollars ($700,000) for the purchase of and improvements to the Twin Village Plaza located at 601 Route 3 South, for the future home of the Carroll Police Department, and to authorize the issuance of not more than $600,000 of bonds or notes in accordance with the provisions of the Municipal Finance Act (RSA 33) and to authorize the Selectmen to issue and negotiate such bonds or notes and to determine the rate of interest thereon; furthermore, to authorize the withdrawal of $100,000 from the New Land and Building Capital Reserve Fund created for this purpose. This purchase is subject to three leases which will remain in effect through the remainder of their terms. Further, to authorize the Selectmen to negotiate renewals of the three existing leases for a period not to exceed five years following the termination of the current lease. Recommended by the Selectmen. (3/5 ballot vote required)

A question was asked about the current rental money and it was stated it would go into the General Fund and could be used to help pay the bond. The bond payment schedule was brought up and the example attached was given. It was explained it is not exact because of changing interest rates, etc. Another question was if the land donated by CNL in Bretton Woods was still an option and it was noted that it is, but the committee was trying to balance things out and the property in question not only has the building but some income from the leases as well. In answer to the question if this would be considered a permanent home for the Police Department, Chairman Moroney replied that they believe it would. She reiterated the Building Feasibility Committee continues to work on this as being code compliant is extremely important and this shows the town is committed to this charge as when the department was moved to its present location, everyone knew it was a temporary solution and would not and should not necessarily be up to police code. Mac McQueeney asked the amount being lost in taxes, and these are presently $7,347.25, on a current assessment of $593,000.

Joan Karpf said the last time there was a presentation on the building, there were detailed descriptions of what would be included and she wanted to know if that would happen this time. Chairman Moroney said before a warrant article had been passed for an engineering firm who drew up plans, etc., for the building and this time we haven’t had the money to do that. Mrs. Karpf asked what would be included for the money and if the state requirements would be met. It was explained that George Brodeur, who is on the Committee but could not be here tonight, does this type of work for his job and they went over requirements and costs. One of the main things is a sprinkler system which they would put through the entire building and this would be about $50,000. There would also be protective walls between the Police Department and the rest of the building. Based on Mr. Brodeur’s experience, they went off a square foot price at approximately 3,200 square feet as that is what is presently available in the property. The Committee will go back to the state for mandates and requirements to make sure they have everything so the building will be in compliance with all codes for housing a Police Department. Mrs. Karpf questioned the costs as she said they can change when renovating a building, which she found out from her own experience. As there were no more questions, the Public Hearing ended at 7:22 p.m.

Mathew Forrest came to speak with the Selectmen. He explained he has applied for the school Superintendent position and is meeting with Select Boards in the school district towns as he wants to understand the relationship between the towns and the school board. He asked if they had ever sat down with the school board and though the answer was they had not, it was acknowledged that Dr. Lafasciano had come several years ago. The Selectmen also said in the past different people from town had gone up to meetings but basically of no consequence. The main area of interest was working on the funding formula which they have felt for many years is disproportionate due to the low number of students from the Town of Carroll. Finding ways to change this would be one area they’d like improved and open communication would be another area that could be improved. Mr. Forrest said this last seems to be common in the towns he has visited.

Mrs. Karpf asked what he felt was needed to meet the needs of the students in view of the current economy. Mr. Forrest responded that there are several assessments and tests in place and he would like to see teachers differentiate instruction and have the tools or resources to do it and this does not necessarily have to do with costs. When Mrs. Karpf suggested there could be too much testing going on and not enough learning, and asked if they might be restricted by state standards, Mr. Forrest responded that they had to decide what they needed to meet before going on to the next level. And testing is the way this is done. He also feels they need to have benchmarks along the way and must be sure the assessments hit these.

There were no further questions and Mr. Forrest thanked the Board for having him. The Selectmen wished him luck and thanked him for coming in.

George Brodeur arrived at the meeting, so Chairman Moroney reopened the Public Hearing for the bond as he might be able to explain what would be done, costs, etc., that Joan Karpf had asked about. Mrs. Karpf spoke about the land the town purchased several years ago abutting the Town Hall property and Route 3 North which they had planned to build on. She said she’s trying to compare this with buying a building and renovating it and also trying to understand why this is being done. She said it also appears they are looking for a smaller building than the 1.3 million dollar project would have built, which was smaller than the first one they tried for. Mr. Brodeur said he had been involved in this Committee for several years, looking at different options, and a good portion of the 1.3 million dollars was going to be spent on site preparation and dealing with wetlands, making it a very expensive site. The new site is already prepared and all they need to do is put in a larger water line for the sprinkler system from the water main on Little River Road. At a substantially lower cost, the new site also is flat, convenient, has plenty of parking and has room in back to expand if needed.

It was asked if the purchased property could be accessed by School Street to avoid wetlands and Mr. Brodeur said it could. He explained the issue came up because Route 302 is a limited access highway but Route 3 has a break in the curb which could be used and that was where the wetlands came up, when the discussion about using that property for a safety complex arose. Mrs. Karpf asked if the land behind the Town Hall could be excavated and the material sold, and Mr. Brodeur said he didn’t know as he’s not into that. Discussion ensued of reasons and when the land was purchased. It was also noted the Twin Plaza property includes 1.5 to 1.7 acres. When asked if anything would have to be done regarding installing lights for emergency vehicles, etc., on Route 3, it was stated that nothing was required at this point.

As discussion finished, Chairman Moroney closed the public hearing on the bond.

The False Alarm Ordinance was brought forth and though it has been discussed previously, it has not been approved. Chairman Moroney explained this originally came up because many residents and businesses were not repairing faulty alarms and equipment, so it was felt there was a need to address the many false alarms that were received. Chairman Moroney read the draft of the Ordinance as written and as discussion ensued, it appeared there was much more than may be needed in it. Chief Trammell said the town attorney had been asked for the draft so it could be changed any way we feel necessary. It was agreed by all that false alarms are an issue as they call out the emergency services, but this should be revised and brought back. Chairman Moroney made a Motion to: Table discussion on the False Alarm Ordinance until it is amended. Selectman Catalano seconded and the Motion passed.

Chairman Moroney read all of the so-called “feel good” articles as follows:

“To see if the Town of Carroll will vote to raise and appropriate the sum of Nine Hundred Twenty Two Dollars and Eight Cents ($922.08) as the Town's contribution to the Northern Human Services - White Mountain Mental Health and Common Ground, a non-profit mental health and development service center.”

“To raise and appropriate the sum of Two Thousand Dollars ($2,000) to donate to the Tyler Blain House, Lancaster, NH, one of the only homeless shelters in northern NH”

“To see if the Town of Carroll will vote to raise and appropriate the sum of Eight Hundred Seventy Five Dollars ($875) payable to Littleton Regional Hospital, to help offset the cost of charity care and community benefit programs that Littleton Hospital provides.”

“To see if the Town will vote to raise and appropriate the sum of One Thousand One Hundred Sixty Seven Dollars ($1,167) and turn over such monies to the Northwoods Home Health & Hospice Services, a division of Weeks Medical Center. The monies are used to provide home health care services to the residents of Carroll.”

“To see if the Town will vote to raise and appropriate the sum of Seven Hundred Fifty Dollars ($750) for the support of preventative and primary health care services of Ammonoosuc Community Health Services, Inc. for the residents of Carroll.”

“To see if the Town will vote to raise and appropriate the sum of One Thousand Seven Hundred Ninety Seven Dollars ($1,797) payable to North Country Home Health & Hospice Agency, Inc for the support of the home health care, supportive care, medical hospice and community health programs and services of North Country Home Health & Hospice Agency, Inc. and Hospice of the Littleton Area for the residents of Carroll.”

“To see if the Town will vote to raise and appropriate Three Hundred Fifty Five Dollars ($355) for the American Red Cross.”

“To see if the Town will vote to raise and appropriate the sum of One Thousand Six Hundred Fifty Dollars ($1,650) for the Caleb Interfaith Volunteer Caregivers that serves the needs of elderly people in the community.”


“To see if the Town will vote to raise and appropriate the sum of Five Hundred Dollars ($500) for Court Appointed Special Advocates (CASA) of NH for recruiting, training and supervising volunteers who advocate in NH’s courts for the best interests of abused and neglected children

“To see if the Town will vote to raise and appropriate the sum of Eight Hundred Five Dollars ($830) for Tri County Community Action Program in support of their services for the community.”

“To see if the Town will vote to raise and appropriate the sum of Two Thousand Dollars ($2,000) to the Coalition Communities in Portsmouth, New Hampshire consisting of 36 towns to represent the Town of Carroll in a solution to our educational funding crisis by opposing the re-establishment of donor towns and keeping the statewide property tax so that it can be used locally to fund our own education assessment from the White Mountain Regional School District.”

Chairman Moroney made a Motion to: Accept and recommend all eleven articles. Selectman Catalano seconded and the Motion passed.

Chairman Moroney read the article for the Police cruiser as the words “from the Police Cruiser Capital Reserve Fund” had been left out of the original article. Correct article as follows:

“To see if the Town will vote to raise and appropriate the sum of Thirty Seven Thousand Dollars ($37,000.00) to purchase a new police cruiser and to fund this appropriation by authorizing the withdrawal of Twenty Five Thousand Dollars ($25,000.00) from the Police Cruiser Capital Reserve Fund with the balance of Twelve Thousand Dollars ($12,000.00) to come from the Town’s Unreserved Fund Balance as of December 31, 2010. No new money to be raised from taxation. The Selectmen and the Budget Committee recommend this article.

Chairman Moroney read the article for transfer of funds for the Planning Board, etc., as since the original was approved, the amount of money for transfer had changed, so she requested a revote. She read as follows:

“To see if the town will vote to raise and appropriate the amount of Twelve Thousand Dollars ($12,000.00) to fund Planning Board, Zoning Board of Appeals and the Property Inspector-Code Enforcement Officer Salary. And further to authorize the withdrawal of such amount from the Planning Revenue Fund established in 2006 for that purpose. No money to be raised from new taxation. Recommended by the Selectmen and the Budget Committee.”

Chairman Moroney made a Motion to approve and recommend the article as written. Selectman Catalano seconded and the Motion passed.

Chairman Moroney brought up the article for the landfill closure capital reserve fund to be sure it
was actually voted on. She read the article: “To see if the Town will vote to raise and appropriate $10,000 (Ten Thousand Dollars) to be placed in the Landfill Closure Capital Reserve Fund.” Chairman Moroney made a Motion to: approve and recommend this article as written. Selectman Catalano seconded and the Motion passed.


Chairman Moroney also brought up that the Zoning Board of Adjustment and the Planning Board are basically now the only boards not elected, as beginning this year the Budget Committee will be elected. She said she felt in fairness to the voters they should have the opportunity to say whether they would like to keep the boards as volunteer or elected positions.

Discussion if a seat is open on an elected board, that it would be filled by appointment of the Select Board.

Because we did not have time to have town counsel’s response on the appropriate wording for these two articles, and because they do not contain money appropriations, the Selectmen do not have to vote to recommend them. Therefore, we will await the review from the attorney to put them in the warrant.

Chairman Moroney then spoke of overtime. After much discussion and by a majority vote the Budget Committee cut overtime lines in all departments to $3,000. If this is maintain, they’ve been advised that services will have to be cut back substantially. The Police cannot cover the hours they have to and then be available for after hour and night call outs and the number of volunteers for Fire and Ambulance continues to decrease, making it essential that the fulltime personnel cover most or all of the calls. Chairman Moroney said she has heard a lot of concern about this and therefore had written an article for restoring some overtime funds from the Unreserved Fund Balance. This will allow the voters the chance to voice their own opinions.

Chairman Moroney then read the article: “To see if the Town will vote to raise and appropriate the sum of $18,000 (Eighteen Thousand Dollars) to be used for Overtime for the Fire/Emergency Department and Police Department and to have this money come from the Town’s Unreserved Fund Balance as of December 31, 2010.”

Selectman Catalano said in his opinion from the surveys received, they need to be sure the responders know they are listening, but he believes any legitimately written warrant article should be presented to the public. He does not feel it is a back door attempt to get money for the Fire and Police Departments. He also stated he has met with both Chiefs and will continue to meet with them. He believes sincere attempts are being made to work with each other.

Jim Covey said perhaps the overtime should be returned to the Highway and Water Departments as well as long as money is being used from the Unreserved Fund Balance. He went on to say they have unknown obligations now because they are down to two people. It was pointed out that the issue was about cut services. It was noted that if the warrant article fails, mutual aid would hopefully be one way for coverage.

Chairman Moroney made a Motion to: Approve and recommend the article. Selectman Catalano seconded and the Motion passed.

The Carroll Information Group warrant article was rewritten and Chairman Moroney read as follows: “To see if the Town will vote to raise and appropriate the sum of Three Thousand Dollars ($3,000.00) and turn over such monies to The Carroll Information Group, a non-profit, charitable organization. The monies are to be used to help provide the service to the Town of recording and broadcasting government meetings and events of interest to the residents of Carroll. If the Carroll Information Group should disband, any equipment bought with this money will be given to the Town of Carroll.” Chairman Moroney made a Motion to: Approve and recommend as written. Selectman Catalano seconded and the Motion passed.

Fire Chief Duncan pointed out the article for the Ambulance had not been approved as it came forth after the last meeting. Chairman Moroney read the article as follows: “To see if the Town will vote to raise and appropriate the sum of $170,000.00 (One Hundred and Seventy Thousand Dollars) to purchase a new ambulance to replace the 2002 Ford E-450 currently in use and to purchase a new Zoll cardiac monitor/defibrillation unit to be placed in the ambulance. The full amount is to be taken from the Fire Department and Ambulance Apparatus, Equipment, and Personnel Special Revenue Fund.” Chairman Moroney made a Motion to: Approve and recommend the article and Selectman Catalano seconded. The Motion passed.

Selectman Catalano brought forth a warrant article for the acceptance of Mahlyn Drive, Poplar Road and Dori Way, roads in the River Edge II Subdivision. He said these have essentially been used for three years and feels they meet the spirit of the requirement of being used one year prior to the owners asking the town to take them over. There was shoulder work that needed completing in the fall, which has been done according to the developers, but inspection couldn’t or didn’t take place before snow fell. Selectman Catalano said he had spoken with members of the Highway Department as well as people who worked on building the roads and those who have used them substantially, and all feel they meet all the requirements of being built to town specifications.

Jeff Duncan said there is a snowmobile trail that runs off one side of the road to a point where it crosses the road and continues on the other side. He believes there is an easement registered with the state, and questioned who would actually own what and who would be responsible for it.

Ben Jellison asked with budgets being cut and the economy the way it is, what the benefit would be to accepting now. Selectman Catalano said again that he felt they had met the spirit of the one-year requirement and that we don’t want to give developers the idea that we change the rules. Mr. Jellison wondered why the town should take it on now, and asked if that means that after one year we take on any road that is built. Selectman Catalano responded that people have the right to vote on it and that developers have the right to put in a warrant article. Mr. Jellison said he was asking the Board why people should vote “yes” on this, and Mr. Catalano said to prove that we want people to invest in this town.

Possible expansion in the development came up, and no one could respond whether this would happen or not. Donna Foster said that regarding usage of the roads, if there is expansion, the Planning Board can require that the developers are responsible for any damage caused during future building. Joan Karpf said she just wanted to mention that she has heard more development brings in more revenue and she feels that is a myth.

John Warren, representing the developers, asked the Board to get involved as these roads have been in for several years and are costing the developers money maintaining them. He said they can’t continue their project until they have the finances to do so. The matter of a petition came up and it was mentioned that as long as they had the required number of signatures, anyone is allowed to put one on the warrant. The number of signatures required was asked and Evan Karpf said ten.

Mr. Duncan asked when towns accept roads what are they accepting – tar to tar; shoulder to shoulder? He said the State has an approved right of way off the roadway and there could be an issue for side maintenance. He said the Board may want to check with the State on rights of way; he checked with the Trails Bureau and they told him from the tar. This caused Mr. Duncan to pose the question, who is responsible for damage by snow machines?

Evan Karpf said he had been in touch with LGC and it is illegal for the town to plow State roads. He said we plow Old Cherry Mountain Road from Route 302 and we shouldn’t be. It was pointed out that it is allowed if there is an agreement between the town and the State. Dr. Karpf said we could contact Leon Gile at the DOT in Lancaster. Donna Foster said snow machines or off highway recreation vehicles may not be under DOT. After further discussion, it was decided we need more answers, so the Board did not proceed with the article for the acceptance of roads.

Chairman Moroney said the Board is working with the department heads on the Employee Manual, but they want to clarify overtime. She read Article 12 of the Manual: “Any employee covered by this manual who is required to work a shift over and above those constituting a regular work week cycle shall receive compensation as overtime, at a rate of time and one half for such work at the employee’s regular straight time rate of pay. All overtime is earned after forty (40) hours at regular rate.”

Selectman Catalano said the Employee Manual is not a union contract; though there is “contract language” it is not a contract. He went on to say it is also a myth that if it is in the Manual, it cannot change – that is also not correct. Lori Hogan suggested the word “worked” be inserted after “forty (40) hours” as the Department of Labor would look at that.

Chairman Moroney made a Motion To: Sign the article as amended with the correction. Selectman Catalano seconded and the Motion passed.

The following items were approved and signed:

Certificate of Occupancy – Hall
Water Warrant – Soares
Intent to Cut – Stalaboin
E911 System Data Acceptance -- This included the Acceptance Letter, the Data Release
Agreement and the Acknowledgment of Nonstandard Addressing. The last refers to the fact
that some streets and roads have names that were not within the guidelines; i.e., but not
limited to, there are several that have the word “view” in them.

Further, Chairman Moroney made a Motion That: Chief Duncan, as E911 Coordinator Assistant, be the “keeper of the maps.” Selectman Catalano seconded and the Motion passed.

Under Other:

The Secretary advised Keith Bergeron had been in attendance but had to leave early. However, he wanted the Board to know that he had spoken more with the State and was wrong with his sign in the back of his truck on Route 302. He assures the Board they will not see it again. He is working with the State and they will be erecting a sign on Route 3 South in the spring hopefully. He will be removing the sign on Route 115, as the State also said that was not allowed. He appreciates the town working with him.

Chairman Moroney said after Bill Rines resigned, the Board met with Scott Sonia and Greg Hogan and they are willing to work as individual departments but as a team. The Board suggested that Greg have people ready as back-ups as needed such as for plowing in any big storms. There is also the possibility that they will need to hire part time help for summer mowing. While these are areas that were mentioned, there could be other times when extra help is needed. Chairman Moroney said they have increased Greg’s pay to match Scott’s and have reduced the Highway Helper II line in the budget to $1. This keeps the position open if they find they need it. The question was asked if Mr. Hogan’s title will be Road Agent and they responded it will be. It was also asked if there would be problems for not putting an ad in the paper and the Board replied they did not put it out as they promoted from within and they do have that right. They also believe they are showing the taxpayers they are saving money where they can. Roberta McGee suggested checking with the Rouillards for mowing because they did an excellent job with the cemetery.

Evan Karpf spoke of the Industrial Park property and said that as of January 1, 2010, the New Hampshire workforce housing law went into effect. He thought this may be a use for the land. He also said it is under the authority of the Select Board to collect outstanding and due money and urges the Board to collect money that is owed. He said there were services the Planning Board provided and the town paid for that have not been, to which the individual agreed. He said it is around $3,600 and does not include charges for any other issues. He said the actual amount should be clarified with the Planning Board Secretary.

Lori Hogan, Chairman of the Budget Committee, invited everyone to attend the public hearings on Tuesday and Wednesday. She said there are information packets available in the Town Hall.

Because January 17, is holiday, the Secretary asked that the Board hold a special meeting only to sign budges and the warrant. She said they have to be posted by the next meeting and didn’t want anyone to feel they needed to contact DRA this year to check on the legality of it – in spite of the fact that historically that is how it was always done in the past – they were signed at the meeting and posted at that time. The Board checked with Mrs. Hogan about when she would have it completed as the Budget Committee does the actual budget and it was decided that Thursday, January 20, would work for all. The meeting is scheduled for 6:30 p.m.

As noted, it was announced there would be no meeting on January 17, 2011, because of Martin Luther King’s Birthday.

As there was no further business, Chairman Moroney moved to go into Non-Public Session for Town Aid at 9:44 p.m. The Board was polled and went into Non-Public Session.

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

There being no further discussion, Selectman Moroney made a Motion to: adjourn the meeting. Selectman Catalano seconded and the Motion passed unanimously. Selectman Moroney declared the meeting ended at 10:50 p.m. The next meeting will be Monday, January 24, 2011.