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Minutes of 1/8/2013 DRAFT

January 27th, 2013

Carroll Board of Selectmen
Meeting Minutes
January 8, 2013
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: Bill Dowling, Mark Catalano, Paul Bussiere

The meeting was called to order at 6 PM by Chairman Dowling

Members of the public present: Evan Karpf, Joan Karpf, Dave Scalley, Bill Smalley

The meeting was filmed by Joan Karpf

Chairman Dowling said this meeting was scheduled because today was the last day for petition warrant articles to be submitted and the Budget Committee had scheduled the public hearing for the budget on January 9. He read the following article: “To see if the town will vote to limit the maximum amount of the 2013 operating budget to reflect the loss of revenue caused by the 2012 Assessment revaluation as a fraction, of the 2011 Assessed Valuation times the 2012 operating budget as amended ($1,508,203). All figures used will be taken from the DRA 2011 and 2012 Tax Rate Calculation Data and the Town of Carroll 2011 annual report. Note: this reduction is less than some recent annual spending increased.” By Petition.

Chairman Dowling read Town Counsel’s opinion that the “loss of revenue caused by the revaluation” does not make sense as revaluations do not result in lost revenue as there is no “revenue” determination prior to DRA setting the tax rate. Further, he stated it is his legal opinion that this is not a valid warrant article so the Selectmen could actually refuse to add this to the warrant if they choose. He continued saying the basis for his opinion is RSA 40:14 which gives the wording for a ballot question concerning the operating budget and this is not in the format required by state law; therefore, it cannot be legally acted upon. Attorney Waugh went on to say that an amendment could be made at town meeting to reduce the operating budget by a specific number which would presumably have the same effect. After discussion, the Board decided based on the legal review they will not move it forward. However, they thought they should at least call the petitioner and suggest that he could make an amendment at the Deliberative Session. Therefore, Chairman Dowling said he would entertain a Motion: Not to put the article on the warrant. Selectmen Catalano seconded and the Motion passed unanimously.

The next article was read by the Chairman: “To see if the Town of Carroll will vote to accept as public roads the private roads known as Black Bear Road and Deer Path situate in the Bullmoose Subdivision off Route 3 in the town of Carroll. These roads were built to TRA specifications and presently serve numerous home sites.” By Petition. Selectman Catalano made a Motion to: Recommend this article. Selectman Bussiere seconded and it passed unanimously. The Selectmen recommend this by a vote of 3 to 0.

It was stated the noise ordinance for construction, woods equipment, etc., is still being reviewed by Counsel. Selectman Bussiere said he tried to put more clarity in as to who makes decisions and how. Chairman Dowling said they will vote on this at their meeting on January 14, when it is back from the attorney. They have the time to do this as the article does not include appropriating any money.

The following items were approved and signed:

Unum Insurance Application Form for Short and Long Term Disability
Thank you letters for food, meals and/or gift cards at Thanksgiving and Christmas to:

VFW in Whitefield
American Legion Post, Whitefield
Attleboro Ski Club
AMC Highland Center
Omni Mount Washington Resort
Tyler Dewhurst
Steve and Laurie Messina

Other:

Selectman Bussiere said he had a question for the Chairman of the Planning Board as he came to the Town Hall to get the new regulations and the latest copy available was dated 1995 and he asked if that is actually the latest? Evan Karpf said they are in the process of reviewing now and correcting spelling and typing errors. He said it was a long process as the whole thing had to be retyped. He said they are basically the same regulations. He also said they have put a disclaimer that there may be errors and if they have a specific question, people should contact them. He said he and the Secretary are working on them and the Board will vote on them, but information is available if people contact them. It was noted there is a new project just being started and he said they have made CNL aware that there have been changes to the regulations.

Selectman Catalano said if these are approved by the Planning Board to be used, he doesn’t understand why they are not available to the public. Dr. Karpf said it takes time to type, that there was no electronic form. He said the changes are mainly on driveways, culverts and the bonding issue, which they have made clearer. He also said the Board has the right to implement any changes prior to approval by the Board.

Selectman Bussiere referred to the letter for Dave Scalley regarding the road and bond approval for Hunt Property. He said he had looked into this and according to RSA 231:84 authority is only to the Select Board or the Road Agent and that the Planning Board had no authority over this. He read the RSA and said if it is not a state highway it is under the purvue of the Select Board. He went on to say road opening bonds cannot be required by any Planning Board or Zoning Board and must only be by the Select Board. Evan Karpf said he had been in touch with Town Counsel and nothing had been said about that. Selectman Bussiere said he was just putting it out there so all would be aware. Selectman Catalano said it was unclear to him as to why the Select Board is involved with the bond as the entire thing had been approved --the developer only requested to reduce the scope and therefore the bond. He wondered if the Road Agent is already involved why the Select Board is also. Dr. Karpf said if the Select Board takes a vote to allow the developer to open the road they may want to put conditions with it. Selectman Catalano said based on the information he believed everything was all set anyway and they just needed to send the letter that they approved the bond and stated as of last night’s meeting, it was a two-step process, to accept the bond and send the letter to Mr. Scalley. Selectman Bussiere made a Motion to: Sign the letter and Selectman Catalano seconded. It passed unanimously.

There being no further discussion, Chairman Dowling made a Motion to: adjourn the meeting. Selectman Catalano seconded and the Motion passed unanimously. Chairman Dowling declared the meeting ended at 6:52 p.m. The next meeting will be Monday, January 14, 2013.

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