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Minutes of 4/11/2016

April 13th, 2016

Carroll Board of Selectmen
Meeting Minutes
April 11, 2016


“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 H. Quigley, Secretary

Board members present: David Scalley, Paul Bussiere, Brian Mycko

The meeting was called to order at 7:00 p.m.by Chairman Bussiere.

Pledge of Allegiance

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

Members of the public present: Mike Gooden, Donna Foster, Debbie Szauter, Jeremy Oleson, Michael Hogan, Dianne Hogan, Imre Szauter, Bonnie Moroney

Selectman Scalley made a Motion to approve the minutes of 3/28/2016 as written and Selectman Mycko seconded. The Motion passed unanimously.

The Selectmen reviewed the Lease renewal for the Police Department for May 1, 2016 through April 30, 2017. It was noted there is an increase of $100 per month. As there was no further discussion, Selectman Scalley made a Motion to: Approve the lease for another year. Chairman Bussiere seconded and it passed unanimously.

Chairman Bussiere then summarized a letter and attachments from George Brodeur, Sr., regarding a cellar hole on Route 3 South that he feels is very dangerous. He said it has about four feet of water in it and would be serious if a child or animal should fall into it, further he said there is no way to get out. Chairman Bussiere reminded the Board this complaint had come to them at the last meeting and they had asked for it to be put in writing. The Chairman went on to say that he agrees with Mr. Brodeur and feels that it could be devastating if left as it is. It was stated that though there is a rope with a “No Trespassing” sign across the driveway, it is not legally posted as the signs are supposed to be located every 20 feet or so, and there are none. After discussing how to handle this, Selectman Scalley said he knows who the agent for the property is and will try to phone him in the morning. If they get nothing this way, then they believe we should get legal advice either from NH Municipal Association or our Legal Counsel.

The Secretary told the Board that the Trustees of the Trust Funds have requested release of the funds approved for the Capital Reserve Funds at voting on March 8, 2016. Likewise, the Library Trustees have also requested their funds. Selectman Scalley made a Motion to: Release the


money for both the Trustees of the Trust Funds and the Library Trustees. Selectman Mycko seconded and the Motion passed unanimously.

Donna Foster attended the meeting to talk with the Board about whether or not a Building Permit is required for the project at their store. They must replace the underground gasoline tanks and replace and install new gasoline pumps as well as the plumbing and electrical connections, etc., that go along with this. They have received all of the State permits and authorizations. They had been given conflicting information by the engineer and others involved that most states don’t require Building Permits because they do not have qualified inspectors. She said they want to be sure they do the correct thing. She said unfortunately they have already had to start the project because schedules are so tight, if they did not take it now, they would have been put at the end of the list thus not getting back on schedule until sometime next year. If that were the case, the pumps would be turned off and they would essentially be out of business as they wouldn’t be able to sell gas. Chairman Bussiere said he had spoken with the State and though they do not do them, the Town’s inspector should. Selectman Scalley said he had also been given the same information, where we do have a Code Enforcement Officer and Building Inspector, he should do the inspection; thus, they will need a Building Permit. Mrs. Foster advised they had submitted one with the fee, and asked if this could be taken care of as quickly as possible because of the many time constraints they are facing. Chairman Bussiere said he would direct Stan to handle this in an expeditious manner and if possible, approve it when he comes in tomorrow. Selectman Scalley asked if they could make a motion which he was advised they could. Selectman Mycko made the Motion To: Expedite the approval and signing of this Building Permit and that Stan call the Selectmen/Selectman Scalley if he has any questions or issues. Chairman Bussiere seconded and the Motion passed unanimously. Mrs. Foster had not signed the application form previously and was asked to do so then.

The following items were approved and signed:

Intents to Cut Wood – Keziah; Pike Industries, Inc.
Intents to Excavate – Pike Industries, Inc.
Water Warrant – First Quarter Billing
Water Warrant – Brown

Follow-Up Items:

Town Hall Use Permit Application – Table. Awaiting hearing about a structural engineer.

Building Permit Procedure – Table. Still a lot to talk about regarding a building inspector.
After stating there had been much back-and-forth discussion about this, Selectman Scalley
said he wanted to make a Motion To: Place an ad in the paper for an inspector who may be
better suited. Selectman Mycko seconded and the Motion passed unanimously. The
Secretary asked if they would speak to the current inspector before they place the ad. After
brief discussion, Chairman Bussiere made a Motion to: Have Selectman Scalley inform
the current Code Enforcement Officer that they are considering replacing him. Selectman
Mycko seconded and it passed unanimously.


Town Prosecutor Contract – The Secretary presented the contract signed by the attorney, Wendy
Roberts. Chief Trammell requested the Board be advised that this would renew annually and
that after a period of time working as the Town Prosecutor i.e. understanding the position
fully, seeing the workload, etc., there could be the possibility of a rate change, up or down.
Selectman Scalley said he understands that, but that the contract is for the year and does not
call for a change either way in that time. Chairman Bussiere made a Motion to: Approve the
Contract and Selectman Mycko seconded.

Selectman Scalley said he is just making sure that this will reduce the Police Officers’ need
to be in Court and thus reduce Town costs and overtime. It was stated that it will not
completely wipe out the need for Officers being at Court, such as if they have to testify, etc.
Jeremy Oleson said he understands about money needing to be saved, but that it is money
well spent to insure that all cases are handled properly and in a timely manner, both for the
offenders, as they are guaranteed certain rights, as well as for the Town. Chairman Bussiere
said that was a very good point and went on to say that Chief Trammell himself said
everything is getting so much more sophisticated and they have no one trained to handle
these cases now. Chairman Bussiere took the vote and the Motion passed unanimously.

The AMC PILOT Agreement was next and the Secretary told the Board that it actually is in
force for 27 years, with the current agreement going through 2016. The amount may be
renegotiated in 2017, after the Town revaluation and the new amount based on those figures,
if the Town and the AMC do not agree at that time. Thus, we will review this again after the
new values are completed in 2017. When asked, it was stated this is a “Payment In Lieu Of
Taxes” based on the value of the property that is not used for charitable/educational
purposes.

Other:

The Secretary presented a letter from the “Ammonoosuc River Local Advisory Committee” signed by our Town Member, Joan Karpf, requesting the Town’s annual contribution to this Committee. It was ascertained that the money, $50, is part of the budget for the Conservation Commission and that we have paid it for a number of years. Chairman Bussiere made a Motion to: Approve the release of the funds. Selectman Scalley seconded and it passed unanimously.

The Secretary then presented thank you letters for those who served the Town including the former Budget Committee. Chairman Bussiere made a Motion to: Approve and sign the letters. Selectman Scalley seconded and it passed unanimously.

Selectman Scalley recused himself from the Board as he said he had an item and went to sit with the public. Mr. Scalley said they are changing the sign at Hunt Properties on Route 3 South, formerly Brenda’s Country Kitchen and Skeet’s Pub. He said the new one will not be larger than what is there now and that he will work with Stan tomorrow on the permit. He said while it will be similar size-wise to the current one, the new one will not have the little roof on it and it will have down-lighting. Chairman Bussiere wanted to be sure he understands that final approval comes from the Board, which Mr. Scalley said he did. He finished by saying he just wanted the Board to be aware that it will be replaced and plans to have it done in the next three months as he plans to reopen in August.

Mr. Scalley thanked the Board for their time and rejoined his colleagues at the table.

Chairman Bussiere announced the next meeting will be April 25, 2016 at 7 p.m.

Chairman Bussiere said they would now continue with their review of the Employee Manual, their final piece of business and if any of the public wanted to leave, they should feel free to do so, and many left.

The review began with Article VI.13 Cell Phone/PDA through the remaining sections of the Article with no changes.

Next was Article VII Employee Safety and Health, throughout various sections without any changes.

Last was Article VIII Job Action and again, the Board felt there should not be any changes at this time.

It was decided that the updated draft would be sent by email to each Board member. They will review their copies and if they find anything that should be changed, they will print the page, handwrite their change and bring it to the next meeting. They are hoping to avoid a lot of paper waste by using this method.

The Board discussed how to clarify the intent of PTO hours. It is their thought that a statement might be added that shows holiday time may not be used until on or after the holiday occurs – as they had not meant for this time to be used otherwise. It was stated that there could possibly be a revision to the addendum but Selectman Scalley said he believed the new Manual shouldn’t have any addendums. It was pointed out that the PTO addendum has not been rescinded because of the time noted on the checks.

The Board asked the Secretary to contact Town Counsel for wording that would be clear as to the intent of PTO and holiday hours. They also spoke of the intent to clearly show the accumulation of time using the first of the year (January 1). During this, they debated about using the employee’s anniversary date versus the first of the year and talked of doing so with new hires, while leaving current employees as they are. In the same request, they would also like to know the correct way to encumber vacation time for the following year. The Chairman requested that Town Counsel be asked about employees contributing to the cost of disability insurance. Mrs. Moroney explained that many years ago disability insurance was included as a benefit, thus it was mandatory. She said it was the understanding of the Board at that time that if the employees did not have the option to “opt out,” there was no split and therefore the Town should pay 100%. The Chairman also asked to inquire about the legality of using sick time to work for another agency. Chairman Bussiere thanked Bonnie Moroney and Jeremy Oleson for their input as it was important and valuable.

As there was no further business, the Board was polled to go into non-public session, per RSA 91-A-3 for legal and personnel at 9:05 p.m. Chairman Bussiere, yes, Selectman Scalley, yes, Selectman Mycko, yes.

At the close of non-public session at 9:40 p.m., Chairman Bussiere moved to return to public session and seal the minutes from non-public session. Selectman Mycko seconded and the Motion passed unanimously.

Chairman Bussiere made a Motion to adjourn the meeting and Selectman Mycko seconded. The Motion passed unanimously. Chairman Bussiere declared the meeting ended at 9:41 p.m.

Follow-Up Items:
Employee Manual
Town Hall Use Permit Application
Building Permit Procedure/Building Inspector
Open Cellar Hole, Route 3 South