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DRAFT Minutes of 10/17/2011

October 25th, 2011

Carroll Board of Selectmen
Meeting Minutes
October 17, 2011
DRAFT
"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: Mark Catalano, Bonnie Moroney. Bill Dowling is on vacation and was excused.

The meeting was called to order at 7:00 PM by Chairman Catalano.

Members of the public present: Annette Marquis, Roberta McGee, Evan Karpf, Joan Karpf, Ann Fabrizio, Mike Gooden, Carmine Fabrizio, Chris Pappas, Scott Sonia, Bill Smalley, Dave Scalley, John Trammell, Dan Walker, Ben Jellison, Greg Hogan

Pledge of Allegiance

Joan Karpf filmed the meeting.

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

Chairman Catalano tabled the minutes of October 3, 2011, as he did not attend that meeting.

Chairman Catalano recognized Annette Marquis, representative to the School Board from the Town of Carroll. Mrs. Marquis came at the request of the Board to give an update of the School Board activities. She said they are working with the teachers’ union on a contract to be voted on in March; they have a committee that is conducting a feasibility study on the Jefferson School as to whether or not it should continue or be closed; and the budget process is set to start on October 26. She said they are very busy.

Mrs. Marquis gave a little background about herself and that she volunteered to be on the School Board as the Town of Carroll had no representation. She said she had been several years on another school board and enjoyed serving and doing something for her community. Mrs. Marquis went on to say that she does not plan to put her name on the ballot for March though, as she is out of town a lot and not able to put the amount of time into it that she would like.

Mrs. Marquis said the District staff is outstanding. They are very aware of these delicate times and conscientious of what people are going through. When asked if there is much participation from outside the school community itself, she said people do come to the meetings and interact. While there are some concerned parents, she doesn’t know of any particular interest by anyone to run for the Board. She summarized by saying she is impressed with how high-functioning the Board is; there is a lot of intelligence and a lot of diversity on the Board and she feels people are well-represented of all different philosophies; they meet on Monday night, twice a month; there is quite a bit of public participation; and the public is allowed input.

Chairman Catalano asked Mrs. Marquis if they as the Select Board or as taxpayers could or should do anything to help. Mrs. Marquis responded when agreement is reached, people should support it. They need to know students were hurt by voting down the teacher contracts. She emphasized that education is worth more than we can know as not only is it our children’s future it is everyone’s future as these are the people who will be our leaders and running businesses and the country, etc. Greg Hogan thanked Mrs. Marquis for her service to the Town and our children to which the people in the audience agreed and joined. Chairman Catalano thanked Mrs. Marquis for coming to this meeting.

Selectman Moroney brought the Selectmen’s budget forth and started by saying that it had been brought to her attention as a result of the budget workshop in September that the contingency line is no longer legal, so that line will be eliminated. Selectman Moroney proceeded to read through the budget. She stated with the Planning Board and Property Inspection budgets, that money is transferred periodically because of a warrant article, from the Planning Special Revenue Account to cover the Building Inspector/Code Enforcement Officer’s billing. For 2011, the account had a larger amount from accumulating over two years as no money was transferred in 2010, so there wasn’t a need to put anything in the budget. However it was noted that this year money will have to be put in the Operating Budget to augment the Revenue Account and that the services for the Code Enforcement Officer and Building Inspector are split between the Planning and the Inspector budgets. $3,000 has been put in each so when we get the balance of the account at the end of the year, this amount may be changed to cover the approximate $12,000 total.

Regarding the Government Buildings budget, it was noted the Town locked in at $3.199 per gallon with Stiles Fuel and we are awaiting total number of gallons used in 2010. The oil line will have to be substantially increased since this took place after the budget was completed.

When she got to the Police budget, Selectman Moroney explained the police had come previously to discuss the possibility of leasing a cruiser. They had given information to the Board which included purchase costs as well as lease costs. Sgt. Smalley explained at the end of the lease for a very nominal fee, the Town will own the vehicle. They brought up the Crown Victoria which can be purchased at $23,870 or leased for three years at $8,462.65 or four years at $6,551.19. The total insurance reimbursement of $12,175 will be used – we will be reimbursed for the deductible of $1,000 from the other driver’s insurance and have already received $11,125. Selectman Moroney suggested there may be enough money from the police repair line that could be put with the insurance money to possibly pay for two years of a lease this year. This will be looked into. Chairman Catalano asked if there is any rush to take care of this as Selectman Dowling is on vacation and he doesn’t want to do anything without first checking with him. Chief Trammell said the sooner it could be approved, the better, as it will take time to order the vehicle and get it set up. Also, as we are down to one cruiser, the police are losing Highway Safety grant money because they cannot staff a vehicle to do patrols required by the State. He reemphasized the need to make a decision. It was asked if the equipment in the wrecked cruiser is covered by insurance and it was stated it is. The police are still awaiting the figures on it and Chief Trammell noted the remainder of the equipment was picked up today. After a bit more discussion, Chairman Catalano asked the Secretary to email Selectman Dowling to ask if he has any concerns or issues on leasing a vehicle as he and Selectman Moroney believe it is reasonable to go forward with the Crown Victoria.

Chairman Catalano said the fire budget did not really go down – the final payment for the new engine was coming out of capital reserve fund. Selectman Moroney said that’s how it was set up when it was purchased and the budget did go down. Further into the budget, it was noted that we are already over budget for welfare assistance so it was increased to $20,000. It was noted the Chamber of Commerce had come in with the requested 25% reduction but the main way they could do that was to drastically cut the hours of operation for the Information Booth and the Selectmen had voted to fully fund the Booth.

Chairman Catalano said he would like to add a line to the budget for the Town funding its own TV station and use the franchise fees for it. He said there will be a recommendation from the Cable Committee to do this. He noted the television companies pay fees to the Town which amount to about $12,000 so this would cover the funding and there would be no taxation from the people. It was pointed out that there would be indirect taxation as the franchise fees are currently used as revenue to offset expenses when the tax rate is set. Discussion took place and Selectman Moroney said she thought it would have to be done by warrant article and have the people vote on it where they were planning to use money from something else, rather than just by adding a line to the budget. Ben Jellison advised the Board that RSA’s 31:95C and 39:3 address this subject. Chairman Catalano said if they cannot use these fees they will cut the budget somewhere to find the $12,000.

In completing the review of the budget, Selectman Moroney noted that we are still lacking various insurance figures and payroll costs as they are not complete yet. As soon as they are available the companies will notify us. Also, the Selectmen are working to complete evaluations for employee raises.

Selectman Moroney made a Motion to: Approve the budget pending the changes in insurance and other numbers that we do not currently have. Chairman Catalano said he will not second as he has one department he wants to discuss with the department head. Dave Scalley asked if they can know which department he is referring to. Chairman Catalano said not tonight, but it will be made public later. Ben Jellison asked if going with an unfinished budget to the Budget Committee isn’t wasting their time and stated that if the budget is not accepted by the Select Board that it could be changed any time. Chairman Catalano said he needs time to finish his conversation with the department head and that they will present to the Budget Committee “as is.” Dave Scalley asked if it is a big number and the Chairman said it is potentially changes to the department and he does not want to get into the numbers now.

The following items were approved and signed:

Thank You Letter – to Sandy Pothier for serving on the Cable TV Committee
Certificate of Occupancy -- Perlmutter
Laconia Savings Bank Signature Card
Laconia Savings Bank Corporate Resolution
Water Warrant – Thompson, Simmons, Powell, Riverside Trust, Roesbery
Intents to Cut – Flumerfelt, Hogan, Sr.
Cartographic Associates, Inc. Contract

Cable TV Committee volunteers were Rena Vecchio and Jane Ikasalo. Chairman Catalano said he thought Mrs. Vecchio had enough to do and made a Motion to: Appoint Jane Ikasalo. Discussion ensued and it was brought up about opening it up to both Mrs. Ikasalo and Mrs. Vecchio. Chairman Catalano then said he wanted to talk with Linda Dowling about it. The question was asked why as this is a Select Board’s committee and Chairman Catalano said because Mrs. Dowling is the Chairman of the Committee. After further discussion, Chairman Catalano asked the Secretary to email Mrs. Dowling and ask if she has any issue with opening the Board to both people.

The Certificate of Occupancy for Hunt Properties, Inc. came up and Evan Karpf said at the Planning Board meeting they had made a motion to approve the use for a one year timeframe and have Mr. Scalley go to the ZBA to request a Special Exception for the second apartment. He said they did this to avoid a hardship and allow him to go forward for a year and give time to bring the property into compliance. David Scalley spoke and said all the code deficiency problems the Health Officer seemed to find have been all taken care of. He went on to say he had pulled a permit on January 6, for renovating two apartments and received the permit on January 13 that allowed the renovation of two apartments. There was discussion about the number of apartments and there being a change of use. Mr. Scalley said he had not changed anything – that they bought a restaurant, a motel and two apartments. Evan Karpf said there is confusion because it is zoned for one apartment and that he had emails the previous owner as well as the previous chef. Mr. Scalley said he has had the Fire Chief and the Building Inspector/Code Enforcement Officer involved since the first day. Dr. Karpf said there is a difference between safety issues and land use and this is a Planning Board and Zoning Board issue. He went on to say he is not discussing health issues, but is discussing land use issues and they have been given a year to come into compliance with the Zoning Board. Mr. Scalley questioned why this had not all been brought up in January when he was pulling permits. He said everybody has known what he’s been doing all along. Chairman Catalano said it’s all about fairness and applying the ordinance the same to all – which prompted Mr. Scalley again to question why it wasn’t brought to his attention at the time. Evan Karpf said it’s up to the applicant to consult with the Boards and that the law in New Hampshire is that the applicant bears the burden of proof. Chairman Catalano said they want to sign the CO tonight and that they need to find a reasonable solution that doesn’t violate the ordinance. Mr. Scalley repeated that he had bought “a motel, a restaurant and two apartments” and there is no change of use, because he is not changing anything. He said he has not violated any principles and in spite of saying otherwise, Dr. Karp contacted people about the building. The correlation was made when Chairman Catalano said the campground he owns currently has ten campsites and if he wanted to make another one, he would not have to go to a Board as he is not changing the use. Further discussion ensued and Mr. Scalley agreed if he made a change, he would come to the Board, but he did not change anything and is following the ordinance appropriately. Selectman Moroney reiterated he still has what he bought and Ben Jellison spoke about the procedure for a Certificate of Occupancy, saying the Building Inspector signs off, the Fire Chief signs off and the Select Board sign off. He then asked if the Planning Board ever reviewed these before the Select Board signed off and was told no. Mr. Jellison asked if this isn’t holding Mr. Scalley to a different standard. Discussion turned to the fact that if this is something that happened years ago, it should be corrected now that we know about it. It was asked if the Planning Board had voted to ask the Select Board not to sign the CO and it was stated there hasn’t been a vote. Selectman Moroney asked if the question had been raised to Stan because if he sees a blatant situation, he normally follows up. She said there are a lot of gray areas as it was bought a certain way and there is nothing that says exactly what is where regarding the property. Mr. Jellison spoke of when the ordinance was adopted and asked if this might have been built before, in which case there wouldn’t be any documentation as it wouldn’t be necessary. Chairman Catalano said the Board wants to sign the CO and asked Mr. Scalley if they do, if he would be willing to go to the ZBA to get a Special Exception for the apartments. Mr. Scalley responded he thinks the Select Board is being fair but doesn’t think the other two boards may be as fair. Though he was concerned and reticent, Mr. Scalley said he would go to the ZBA. A bit more discussion took place during which Evan Karpf said what the other boards actually do is protect him and will document what has been done for the future. Mr. Scalley said he has an awful feeling of how Dr. Karpf went about to protect him. Chairman Catalano made a Motion to: Sign the Certificate of Occupancy. Selectman Moroney seconded and the Motion passed unanimously.

Under Other:

The Secretary was asked how the employee manual is coming and she said part of it has gone to the lawyer’s office, but as she has to type the entire manual it will take more time.

It was noted the Rines appeal was denied. It was also noted the engineering bill had been re-sent to Mr. Rines.

Marc Brodeur introduced himself as Assistant Fire Chief and spoke on behalf of the Fire Department. He said they had been told months previously that there would be an answer tonight on purchasing the ambulance and pick-up truck, so he asked what that answer is. Chairman Catalano said he is still meeting with Chief Duncan and there is no answer at the moment but they are trying to move it forward.

Evan Karpf said he is the health officer for the town and is an officer of the state because is appointed by Health and Human Services. He said he enforces NH laws etc., enacted by the community and imparts information by postings, newsletters, etc. He said he handles any violations confidentially and went on to explain what he does. Dave Scalley said he had an issue and he found out about in the Post Office on Monday. Dr. Karpf said in an emergency he would go to the owner, but said he doesn’t have to and also read from RSA 128:5, that health officers are “not guilty of trespass on private property.” He added that they cannot just enter a building though. He said he would be happy to speak with anyone who has any questions.

As there was no further business, the Board was polled and went into non-public session for town aid and personnel matters at 9:30 p.m.

At the close of Non-Public Session, Chairman Catalano 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 Catalano made a Motion to: adjourn the meeting. Selectman Moroney seconded and the Motion passed unanimously. Chairman Catalano declared the meeting ended at 10:42 p.m. The next meeting will be Monday, October 17, 2011.

Town of Carroll, New Hampshire ®2024