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Minutes of 6/17/2013 DRAFT

June 29th, 2013

Carroll Board of Selectmen
Meeting Minutes
June 17, 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: Paul Bussiere, Bill Dowling, Bonnie Moroney

The meeting was called to order at 7 PM by Chairman Bussiere

Members of the public present: Mike Gooden, Ann Fabrizio, Jane Ikasalo, Ike Ikasalo, John Warren, Tom Watson, Michael Hogan, Dianne Hogan, Lisa Covey, Jim Covey, Tadd Bailey, Jeremy Oleson, Greg Hogan, Scott Sonia, Dave Scalley, Evan Karpf, Donna Foster

Pledge of Allegiance

The meeting was filmed by Jane Ikasalo

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

Selectman Moroney made a Motion to: Accept the minutes of 6/3/2013 as written. Selectman Dowling seconded and it passed unanimously.

Selectman Moroney made a Motion to: Accept the minutes of 6/13/2013 as written and Selectman Dowling seconded. The Motion passed unanimously.

Releasing the Dartmouth Brook Bond was the first item. There was brief discussion that the original Bond had been reduced last year but that a Bond was retained to ensure completion of the project to town specifications and conditions, which would also provide assurance that the stabilization work was successful. Selectman Dowling said the work had been inspected and all was in order. Selectman Dowling then made a Motion to: Release the Bond for Dartmouth Brook, Selectman Moroney seconded and it passed unanimously. The Selectmen signed the release, a copy was made and the original was given to Attorney Watson who said a copy will be sent to the Town after it is signed by the Development and the Bond companies.

The Master Plan Committee submitted the Planning and Technical Services Contract from the North Country Council to the Planning Board, of which they are a subcommittee. Therefore, the Planning Board recommended that the Select Board sign the contract so work on the Master Plan can continue as scheduled. Selectman Moroney made a Motion that: The Select Board sign the contract with North Country Council. Selectman Dowling seconded and the Motion passed unanimously.

Chairman Bussiere spoke of the future meeting with the auditors regarding the Water Department debt update. It was noted that the auditors were due back later in the week and hopefully a date will be set then or shortly thereafter for the meeting.

Chairman Bussiere read a letter from Leslie Bergum (attached). Mrs. Bergum has been a representative from the Town of Carroll to the Ammonoosuc River Local Advisory Committee for several years and is currently the only one. She is hoping one or two volunteers will come forward to join her as attending every monthly meeting and doing the various projects is becoming a bit difficult for her to do alone. As stated, the meetings are on the first Wednesday of the month from 4:45 p.m. to 6:45 p.m. at the Senior Center on Riverglen Road in Littleton. The Selectmen encourage participation in this and anyone interested should contact the Selectmen’s Office.

The Chairman spoke of the water issue at Twin Mountain Motor Court which had been tabled at the last meeting so the Board could check on any others in the past. They found there had been several situations of water leaks and none of these received any relief. Therefore, Chairman Bussiere said he would accept a Motion to: Notify Mr. and Mrs. Gorbich at Twin Mountain Motor Court that there will not be any relief on their water bill in question and that the bill must be paid. Selectman Moroney seconded and the Motion passed unanimously. The Secretary was asked to write a letter.

Next was the request for water service by a property owner on Little River Road in Bethlehem. This also had been tabled from previous meetings to allow for research. Chairman Bussiere checked into the water franchise with the State Public Utilities Commission and learned that the Town must apply for expansion in order to allow this. Further, he said the Town voted in 2006 not to extend water service outside the boundaries of the Town of Carroll, excluding existing hook-ups, so we cannot provide the service. Selectman Dowling made a Motion to: Deny the application for water service because of the Town vote. Selectman Moroney seconded and the Motion passed unanimously. The Secretary was asked to write a letter.

The following items were approved and signed:

Property Tax Abatement -- Fontaine
Water Warrant – Various
Town Hall Use Permit Application – Parks & Rec Com/Megan Rouillard

Other:

The Selectmen spoke about Town Counsel and advised they wanted to make a change. Chairman Bussiere made a Motion That: The Town change their attorney from Gardner Fulton and Waugh to Mitchell Municipal Group. Selectman Moroney seconded and the Motion passed two to one.

The Secretary said a map of Town had been brought in by an intern from North Country Council which shows areas which companies who carry cable and DSL say there is coverage. This is considered to be a safety issue as well as business and convenience; they are reaching out to the various Town departments and residents alike to confirm and verify where this is or is not actual coverage. The map will be in the Selectmen’s Office for several weeks and all are urged to please take a look, particularly in the vicinity of their own homes and businesses to help make this as accurate as possible.

Donna Foster told the Board that she had been approached by Kevin Fadden who works for a company which installs cell towers and they are looking for a place in the Town of Carroll.
She said apparently they build the tower and then lease to providers – and police, fire, safety are usually provided space at no cost.

Selectman Dowling said a while ago there was a conversation between the Town Clerk and Town Counsel. He wanted to know if the Board had received the summary of that conversation as requested. The Secretary said the Town Clerk had agreed to write it and she would remind her.

Selectman Dowling said the Chairman had said he would get fees for the Planning Board. Chairman Bussiere felt that was not what he said, but that the Planning Board could set its own fees. When he was told he said he would get it in writing, he said he didn’t have it for this meeting but he would get it. He went on to say it is in the land use regulations and he will make a copy and pass that out at the next meeting.

Selectman Dowling said he was at the Planning Board meeting and they are going to use the Police to take the mylars to the Registry of Deeds in Lancaster and he wondered when they had taken a vote for that. When Selectman Moroney asked why they would have to take a vote, he said because the Police work for the Select Board, not the Planning Board and they were hired for specific duties. If they are going to start taking stuff to Lancaster, he noted several different items from the Transfer Station, including tee shirt bags and aluminum that he would like taken to Littleton once a month. Selectman Moroney said the Police don’t go to Littleton but they do go to the Court House every week and the Registry is in the Court House, so they are not going out of their way. Chairman Bussiere said it was an attempt to save the taxpayer money but maybe people aren’t interested in that. Selectman Dowling said it doesn’t save the taxpayer anything as it doesn’t affect the taxpayer – the applicant pays all the expenses, mileage, time, etc., and there’s not a dime from the taxpayer. Chairman Bussiere said they could take this up again, but that he didn’t feel there was anything wrong with it but asked if it had to be a Planning Board person to do it. Selectman Dowling said it did not, but if they are going to do this for the Planning Board, they are going to do errands for all the departments. Chairman Bussiere said they might have to get back to that one. He said it was asked in the email if they should have to pay for this or have the Police carry it because they go anyway. Selectman Dowling said he didn’t see the email and it was pointed out he’s not on the Planning Board so that’s why he did not get it.

Selectman Dowling said the last thing was that Chairman Bussiere had said something about secret meetings going on and the Chairman asked for details of when he said it – he asked if it was in the minutes or on a video. When Selectman Dowling answered no, Chairman Bussiere asked what the accusation was then and Selectman Dowling said there was contract from DS Contracting signed by the Chairman and Selectman Moroney and the first time he saw he was June 14, and it’s dated May 6. The Chairman wasn’t sure and asked if he was there and Selectman Dowling said there wasn’t any meeting. When he saw the copy, Chairman Bussiere said Scott Sonia had come to the meeting, and though he wasn’t sure if Mr. Dowling was there or not, it was a regular meeting and Scott said they needed to use an excavator and DS Contractors said they could use theirs and said he remembered this exactly and that Selectman Dowling was sitting there, and there were no secret meetings. Selectman Dowling read from minutes that said: it was determined the water line should be discussed in public. Scott Sonia said the line on Paquette Drive had leaks at the further end and Dave Scalley wanted to tie into it because of his new project and will help with the cost to fix it. Mr. Sonia said the cost would be covered by the Capital Reserve Fund and Mr. Scalley said he would donate the trench box with all costs, etc. finalized there would be a signed agreement between the Town and Mr. Scalley. Mr. Dowling said there was no contract that night and Chairman Bussiere said that was right as it had to be drawn up but they agreed on the price and Selectman Dowling was there when they approved it and said it would be signed so there were no secret meetings. Selectman Dowling said it was never offered to him and Chairman Bussiere reiterated that all the Selectmen approved this at a public meeting. Selectman Dowling took exception to this and said again it was never offered and asked if he should search the Office. The Secretary apologized if she missed having him sign it.

Chairman Bussiere said he noticed that some of the Ordinances had been notarized by the Town Clerk and some had not and he wondered if they all should be. Selectman Moroney said there were some Ordinances to do with noise, that had to go before the voters for approval, but they had been inserted with the others at the time. All approved ones should be notarized and the Secretary will review to be sure all were done. This also brought forth the fact that the Ordinance dealing with spinning tires had been approved by the voters. Selectman Dowling explained the reason it had to go to Town Meeting is because the Town does not have control over State roads and this covers State roads. If someone is spinning tires on State roads in the Town, this Ordinance can be enforced. It was agreed to call LGC to find out the appropriate handling of that.

Ann Fabrizio said she had reserved the Town Hall for a stamp show on July 28, and asked that it be released. She said she had to cancel the show as several of the dealers are unable to come at that time.

Evan Karpf said he noticed they elected to go back to the Mitchell group for Town Counsel. He said when Chairman Bussiere was running for office, he had asked him some questions and went on to ask if he had taken the Selectman course. The Chairman said he is in the process and has been to two classes, with two more to go. Dr. Karpf went on to say he had previously told him he was appalled with the “to see” issue and it was the Mitchell Group that took it to Court and that it got to the point that the entire State was revolted by that and made it illegal. The other thing is that Bernie Waugh just won a major Supreme Court case for our town and he said he was curious as he said he thought the Mitchell Group would better serve us and asked the Chairman specifically, knowing the history of both groups, and as Bernie Waugh “wrote the book on land use and everything like that” why he said that. Chairman Bussiere said it is his own personal opinion and separate from the Board. Years ago he was the ZBA Chair when the Town was sued by an individual for decisions they made and he sat with Bernie in Court. He said he may have written the book, and he likes Bernie, and reiterated this is not from the Board, but personally, he felt in the Courtroom situation he was not the attorney he would have chosen for himself. Evan Karpf asked what he felt about the Mitchell Group, repeating the “to see” issue and knowing they had the entire State in an uproar. Chairman Bussiere said “switching from ZBA six years ago to this position, to be sure everyone is clear on this” they all took a vote and not having worked personally with them, he feels from what he has read, he believes the Mitchell Group will be better at representing the Town’s interest in Court. He was asked by Dr. Karpf if he interviewed them and he said no, that he had talked with people who used them – he wanted to be sure all knew he didn’t have a list and have them sit down – it was more a “low level process” where he just talked with them.

Dr. Karpf also said as we all know, through Bill Dowling’s efforts, we received a major recycling award for the entire Northeast and Chairman Bussiere said we had recognized that at a previous meeting. He said he remembered when the Town voted to name the Transfer Station after him and the Chairman offered to get a plaque. He continued about the money through his efforts that Mr. Dowling has brought into the town through the operation as well as the fact that some people say the Transfer Station is the nicest building in town. With all his accomplishments, he wanted to know why Mr. Dowling wasn’t recognized for a raise when his employees got them as he’s the leader there. With his past experience, “he’s one of the best qualified people for the job in his department and what he does compared to other departments and the employees.” Chairman Bussiere said he believes Dr. Karpf was at the meeting when there were some issues about it and the process of how it went about and he voluntarily removed himself from the equation so they could vote as a Board so his employees could get a raise; they had reached an impasse and it was a compromise made so they could move forward. He believes they will come across this again in the near future. For himself, he said he as far as he is concerned that is best run transfer station he’s ever seen and believes all who work there work very hard. Dr. Karpf went on to ask if he felt personally that Bill deserves a raise and the Chairman said he didn’t think he should answer that as they were at an impasse, Bill couldn’t vote on his own raise, and he felt one way and the other Member felt another and 50-50 doesn’t pass. When Dr. Karpf asked Selectman Moroney if she felt he deserved a raise, Chairman Bussiere said he wasn’t sure if that was appropriate as there are many factors involved. He wasn’t trying to stop her if she wanted to answer but he felt it wasn’t appropriate. Dr. Karpf said he just wanted to express himself that he was grateful for what he has done for the town and that he believes you invest in those individuals and aspects of town that benefit the town.

Dave Scalley asked if Bill Dowling was retiring and stepping down. Mr. Dowling said no, he retracted that when the dark cloud got put over his head and Mr. Scalley asked what that was. He said he was being investigated criminally by the Attorney General’s Office and he doesn’t plan to retire until he receives an apology from the Attorney General; he said he will die up there before.

Mr. Scalley said he’d like to speak up about the other employees as long as Evan is talking about raises. He wanted to commend Scott, Greg and Sean on the job they did on the water line project and said he could not speak about one more than other as they all did a great job – they all worked well together and did it quickly. There were a few obstacles and Scott and Greg stepped up to the plate and took care of them. He said Mr. Dowling does a great job at the Transfer Station and he may or may not need a raise but he believes these Scott and Greg also may or may not need a raise. He went on to say if they’re going to go to department heads and give raises, he feels we should revisit the whole town. Chairman Bussiere thanked Mr. Scalley and said the town runs on one of the lowest costs per thousand of the towns around here and he believes it is extremely efficient. He said his personal opinion is that everyone does a great job and he hasn’t seen anyone not working hard.

Selectman Dowling asked about having Attorney Waugh finish the Rines case. As long as it may be discussed in public, Chairman Bussiere said it would seem to be the right thing to do. Selectman Dowling said that it is in the Court’s hands now and basically we’re just waiting for a decision. He said it should be done in 30 to 45 days. The Board was in agreement and Selectman Dowling made a Motion to: Have Bernie Waugh finish the Rines case. After brief discussion of possible time frames, the Secretary was asked if she could try to find out from the Courthouse about how much longer this may entail. The Board chose to table this until we can find this out. Though there was no second to his Motion, Selectman Dowling rescinded it.

Chairman Bussiere said he had seen the yellow ribbon/erosion fence and asked Jim Covey if this was for the Cog display. Mr. Covey said it is.

As there was no further business, the Board was polled and went into non-public session for personnel matters at 8:00 p.m.

At the close of Non-Public Session, Selectman Dowling 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, Selectman Dowling made a Motion to: adjourn the meeting. Selectman Moroney seconded and the Motion passed unanimously. Chairman Bussiere declared the meeting ended at 8:45 p.m. The next meeting will be Monday, July 1, 2013.