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Minutes of 10/21/2013 APPROVED

October 30th, 2013

Carroll Board of Selectmen
Meeting Minutes
October 21, 2013
APPROVED
"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, Judy St. Croix, Jeremy Oleson, Frank Maturo, John Trammell, Evan Karpf

Pledge of Allegiance

The meeting was filmed by Jane Ikasalo and Judy St. Croix.

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

Selectman Moroney made a Motion to: Accept the minutes of 9/30/2013. Selectman Dowling seconded and it passed unanimously.

Selectman Dowling made a Motion to: Accept the minutes of 10/7/2013 and Selectman Moroney seconded. The Motion passed unanimously.

The Secretary said she had spoken with the auditor and they’re hoping to have a date set up to discuss the Water Department debt by next week.

Chairman Bussiere apologized for not calling Certified Computers to get clarification of a quoted price, but will do so this week.

Regarding the Cog train display and insurance, the Secretary had been asked to check on it and find out if we should be doing anything more, which she did. She was told, as when it was originally covered, that it is the same as playground equipment and as long as we are maintaining everything properly, we are fine, as negligence must be proven for any kind of claim. The representative suggested that perhaps signs could be posted about keeping off the rocks, etc. She referred the Secretary to their coverage and risk department about signage and wording. We are waiting to hear from that department. It was also requested that we get this information in writing and the Secretary will call for that.
The Secretary said at the last meeting, when it was stated that the email the Select Board voted on at their meeting on September 23, should be attached, that she would check into it. She advised that she had contacted Town Counsel who said it should not be attached as it is protected by attorney-client privilege. Selectman Dowling asked that the Secretary check with Town Counsel again to be sure that is correct, as when Bernie Waugh did his last law update, the town of Madison lost a case like that because of RSA 91A:2I(b), which shows on page 18 of the booklet.

The Secretary noted that the item “Warrant Articles” was on the agenda as a reminder of them and to find out if the Selectmen wanted to set a date for starting the process. She was asked to send a notice for submission of articles in a couple weeks—starting the week after next.

The following items were approved and signed:

Oath of Office – Maturo for ZBA
Certificate of Occupancy – Cutrone
Water Warrant – Brown, Pettiglio, Simmons
Current Use Release – Fabrizio (this was a former resident whose release was not recorded with
the Registry of Deeds many years ago)

Chairman Bussiere thanked Mr. Maturo for volunteering for the ZBA along with John Trammell, in case he had not done so before which his Oath had been signed.

Other:

The Board members were given a summary of a phone call to the Secretary from Attorney Waugh regarding the Rines case in which there has been an appeal. Attorney Waugh recommended that he file a Motion of Summary Affirmance on the basis of it being the same arguments already decided and request that the appeal be dismissed.

Selectman Dowling made a Motion to: Approve Attorney Waugh’s recommendation regarding filing the Motion of Summary Affirmance. Chairman Bussiere seconded.

At this point, Selectman Moroney said she had some comments to make about the Rines case and proceeded to read what she had written (attached).

Chairman Bussiere said he agreed and that he doesn’t want to be the cause of a man losing his home either. However, he said he had also contacted the attorney as he said he would. Decisions have already been made and though there are many opinions the Board must look out for the best interest of the town and move forward. Chairman Bussiere then called for a vote for the Motion that was on the floor. The Motion passed by a vote of two to one.

Selectman Dowling said he didn’t want to take away anyone’s home either and that when everything is done, they can work with Billy and make payment arrangements to help him.

Chairman Bussiere said he had been looking into the matter of town engineer and said there is currently no contract with anyone. He said that may be just as well as by being able to use several companies, it not only allows the applicants their choice, but may avoid conflicts of interest in case the applicant is already a client of one of the firms.

Evan Karpf referred to Selectman Moroney’s comments and said that there was a group meeting with all the Boards and they voted unanimously to proceed in the excavation issue. He said he felt it was important that all know Selectman Moroney was there.

As there was no further business, the Board was polled and went into non-public session for Personnel and Town Aid matters at 7:26 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 8:09 p.m. The next meeting will be Monday, October 28, 2013