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Minutes of 1/14/2013 APPROVED

January 29th, 2013

Carroll Board of Selectmen
Meeting Minutes
January 14, 2013
APPROVED 1/28/2013
"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 7 PM by Chairman Dowling

Members of the public present: Mike Gooden, Evan Karpf, Joan Karpf, Scott Sonia, Tadd Bailey, Jeremy Oleson, John Trammell, Bill Smalley, Al Strasser, Donna Foster

Pledge of Allegiance

The meeting was filmed by Joan Karpf

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

Selectman Catalano advised the water debt is the same.

Selectman Bussiere read the noise ordinance article as it had been rewritten and reviewed by Town Counsel (attached). Chairman Dowling asked if there has to be a public hearing if it should be published in the paper. It was decided to check with Town Counsel if newspaper notification should be inserted into the article. It was stated the reason for putting this on the warrant was to give the Police the power needed when they get complaints, as currently they have nothing to fall back on and therefore, nothing to enforce legally. Selectman Catalano made a Motion to: Put this on the Warrant and to recommend it pending the insertion of wording for newspaper notification if needed. Selectman Bussiere seconded and it passed unanimously. Selectmen recommend this by a vote of 3 to 0.

Chairman Dowling spoke about a petition article brought last week which Town Counsel said was not legal, so pending that the Select Board voted not to put it on the Warrant. He said he read an RSA that the Select Board is guilty if they do not put it on. He said he feels the petitioner worked hard writing it and getting signatures, etc., so it should be put on the Warrant. Selectman Catalano understands that after being reviewed by Legal Counsel, because it is not legal as written, it means nothing if it passes and he feels it’s a waste of time – it’s not legally viable. However, if people think the Select Board is choosing or standing in the way, then it should be put on. Selectman Catalano made a Motion to: Put the petition article on the Warrant. Selectman Bussiere seconded and it passed unanimously.

Selectman Catalano said it is a dilemma as voting to not recommend it would seem as though they were not in favor of reducing the budget but it’s not a legal article, so it’s useless that way. After brief discussion, Selectman Bussiere made a Motion to: Recommend the article and Chairman Dowling seconded. The vote was 1 Abstention, 1 No, 1 Yes.

Chairman Dowling announced the Ground Water Permit was renewed for five years and now monitoring is down to two times a year. Also, because of this, the annual report may now be done every other year. Therefore he can reduce his request to $7,161. He said he will amend the article at the Deliberative Session so the warrant article will not be changed.

Chairman Dowling referred to discussion at a previous meeting about donations in the “feel good” articles and wanted to point out for example, that in 2012 Northern Human Services-White Mountain Mental Health saw eleven under-insured people from Twin Mountain at what would have been a cost of $20,404.45.

The following items were approved and signed:

Water Abatement – Soule
Town of Carroll/Coos County Ambulance Agreement (for coverage in Unincorporated places in
Coos County)

The 2013 Contract for General Assessing Services with CNP was received and Selectman Catalano said he was not interested in signing it at the new rates. He said he didn’t understand why they went up when everything else was going down. He said he will talk with them and asked that it be put on the agenda for the next meeting.

Selectman Bussiere brought up having a policy for using Town Counsel. He said basically any requests from any boards to Town Counsel should go through the Select Board as they need to know what’s going on for financial reasons. He said he had been in contact with Attorney Waugh and he suggests an authorization list of certain people and that all Select Board members be copied on all. After brief discussion it was decided the Planning Board and Zoning Board Chairs and the Select Board would be on the list and it was noted they were about the only ones who usually call Town Counsel anyway. Of course, it was stated all should go to LGC before going to Town Counsel. There was brief discussion as to whether the Boards should get permission first and if that is the case, it could take more time than may be available for the issue. Further, the Select Board has no control over the questions being asked but Selectman Catalano said they should at least be copied on anything going back and forth for transparency. Chairman Dowling said they will need a written policy and that it should be sent to the Planning Board, the ZBA, the Library and the Town Clerk/Tax Collector. Selectman Bussiere said he will write one and bring it to the next meeting though he will probably email it to his colleagues so they will have it before then.


Other:

Chairman Dowling advised he had spoken with Bill Vecchio as someone mentioned previously that an energy audit had been done at the Town Hall. He was told there wasn’t any money available at the time to do more than a very minor one.

Joan Karpf wanted to revisit the noise ordinance as the time had been changed from 8 a.m. to 7 a.m. Selectman Bussiere said when he was trying to find what was traditional and customary, he checked with various trades and found some liked to start by 6 a.m. while others started at 8 a.m. and he felt 7 a.m. was a good compromise. Selectman Catalano said this town has a reputation for not being friendly to business and development and he feels it is – but if they come in with an ordinance that they can’t start work until 8 a.m. that could reinforce the perception.

Al Strasser said for the record, when he was in office, all articles were put forth as other lawyers may have different opinions and their decision might not hold up in court – only a judge can throw them out.

Evan Karpf said the noise ordinance doesn’t have a time to stop. Brief discussion took place about if it should be a specific time or sunset or what and the Selectmen said they didn’t want to add to issues. Selectman Catalano said they can’t regulate morality and feels the Police are capable of managing this if necessary. Dr. Karpf said he only hears about the town not being friendly from people in town. He said he has no recollection of anyone being denied he just asks that people follow the town rules and regulations as well as the State’s.

As there was no further business, the Board was polled and went into non-public session for legal, town aid and personnel matters at 7:55 p.m.

At the close of Non-Public Session, Chairman Dowling moved to return to Public Session and seal the minutes from Non-Public Session. Selectman Bussiere seconded and the Motion 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 8:15 p.m. The next meeting will be Monday, January 28, 2013.

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