Meeting Minutes: Town of Carroll, New Hampshire

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Minutes of 9/16/2019

September 23rd, 2019

Carroll Board of Selectmen
Meeting Minutes
September 16, 2019

“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 Kirsten T. Hodgdon, Secretary

Board Members present: Bonnie J. Moroney, David A. Scalley

Members of the Public present: Annette Marquis, Steve Messina, Laura Messina, Adrienne Gundacker, Carl Brooks, Michael Hogan, Dianne Hogan, Imre Szauter, Ron Wareing, Jeremy Oleson, Tadd Bailey, Cheryl Phelps, Roger Phelps, Michael Caponette, Bill Swanson, Nadere Garcia, Rick Major, Heidi Boedecker, Karen Wante, Henry Wante, Judy Pappas, Chris Pappas & Greg Hogan

The meeting was called to order at 6:00 p.m. by Chairwoman Moroney.

Pledge of Allegiance.

The Chair announced the approval and signing of the manifests.

Selectman Scalley made a Motion to: Approve the minutes of August 26, 2019. Chairwoman Moroney seconded and the Motion passed unanimously.

Selectman Scalley made a Motion to: Approve the minutes of September 3, 2019. Chairwoman Moroney seconded and the Motion passed unanimously.

Steve Messina stated that he and other residents from Cherry Mountain Road South are asking the Board to reverse their decision on no longer plowing their portion of the road from the letter that was sent to them dated July 1, 2019. He stated there are several seniors and disabled residents that are concerned with safety. Mr. Messina also feels that the decision that the Board made was not a legal decision. He said in the letter to the residents the Board says they have no authority to maintain the road but he references RSA 230:4 which puts the responsibility to maintain the roads on the town.

Chairwoman Moroney stated that no state funds are received for Class II roads, which is what Cherry Mountain Road South is. The town receives a highway block grant that aids in funding the maintenance of Class IV and V roads but not Class II. She said the decision to no longer plow Cherry Mountain Road South was not taken lightly. Selectmen Scalley read the following excerpt from an e-mail from town counsel : “Class I, II & III roadways are state highway. The town has no obligation or authority to spend town tax dollars on the maintenance of a state highway, unless by specific written agreement with the state, which should not be entered into without some corresponding benefit to the town being involved.” He stated they had been in contact with the DOT office in Lancaster and no written agreement could be found in regards to Cherry Mountain Road.

Selectmen Scalley also stated the road is not up to town specs for maintenance. He asked Mr. Messina if they have asked the state to bring it up to specs or maintain it in the winter. He said no. It was suggested that they ask the state to bring it up to spec and speak with Greg Hogan to find out what needs to be done. It was then also mentioned that the road would have to be adopted as a town road as well by vote.

Heidi Boedecker asked for the Board to get answers in writing from town counsel to two questions she prepared for the meeting. (Letter will be attached to meeting minutes.) She said in speaking with Phil from the Lancaster DOT office that there are approximately 900 miles of roads in the state that are maintained by the town that have no written agreements because most of them date back to the 1960’s and 70’s. She then asked if the question of if the town is grandfathered into plowing due to the precedence they have set by plowing for so many years could also be asked of town counsel. The secretary added it to the letter.

Selectmen Scalley states that they learned that they have been wrongfully plowing the road for many years and are now correcting their wrongdoings. It was stated again this issue was one that was not taken lightly.

Bill Swanson stated he is a tax paying citizen and deserves to have the road maintained. Chairwoman Moroney stated that Cherry Mountain Road North gets a break on their taxes due to the road not being maintained. She said she could not say for certain that they get the same but did recommend that he check with the Town Clerk.

Steve Messina asked if the Board has contacted the NH Municipal Association (NHMA). The secretary stated that the NHMA was contacted and then the issue went to town counsel. It was town counsel who drafted the letter that went to all residents on Cherry Mountain Road South and Lower Falls Road. Mr. Messina asked if Selectmen Scalley could read the entire e-mail that he read an excerpt from in the beginning of the e-mail.

Chairwoman Moroney made a Motion to: read the e-mail dated May 29, 2019 from town counsel in regards to roads and then town’s obligation to maintain them. Selectmen Scalley seconded and the Motion passed unanimously.

Selectmen Scalley read the e-mail and then Mr. Messina asked to see it and read it as well.

Adrienne Gundacker spoke in regards to her concerns of the road not being plowed. She is extremely concerned in regards to safety and feels that the town did not give them enough notice. She stated she does not understand why they have been doing this for years and are now, just all of the sudden, going to stop. It was reiterated again that the question was posed that if the town was not going to plow the North side then why do they plow the South side and Lower Falls. She stated the only reason she became aware of the issue was a letter Mrs. Dearborn from the North side sent. It was mentioned that multiple meetings were held where this was a topic of conversation. Many residents stated they didn’t know meetings were taking place. They were told where they could find the agenda, notices and minutes for Selectmen’s meetings.

Rick Major inquired as to why the town no longer plowing the road didn’t go to the taxpayer to vote. Selectmen Scalley reminded him that the road is a state road and does not go to vote in this instance. The vote for the taxpayers would be to approve a road to become a town road. Mr. Messina asked if the town would call the state to ask if they will bring it up to town specs. Selectmen Scalley stated that the Board has been in contact with the Lancaster DOT office in regards to that and no response was received.

Bill Swanson brought up the issue with his taxes again. It was reiterated that he speak with the Town Clerk to see if his taxes are being adjusted due to this.

Heidi Boedecker asked if Greg Hogan can look at Lower Falls Road to see if it is up to town specs. It was asked she put it in writing and send to Greg.

Selectmen Scalley spoke about how he lives on a road that is not town maintained and the land owners get together every year and split the cost of maintenance. Adrienne Gundacker stated the quote they got to maintain the road for the winter was $12,500.

Cheryl Phelps spoke in regards to how long the town has maintained the roads in the winter.

Selectmen Scalley posed the question that if you found out you’ve been doing something in the wrong for 20+ years would you continue to do it or would you correct the issue?

Rick Major & Steve Messina mention again that this will cause safety issues if first responders can’t get to homes. Selectmen Scalley again stated that this is why the landowners on his road all pay to have it maintained. Bill Swanson stated he will take his share of the maintenance and deduct it from his taxes.

Conversation ensued amongst multiple audience members in regards to safety, response time, lack of safety personnel, lack of proper safety equipment, the affluence of the town, living in a rural location with health issues and funding. Chairwoman Moroney asked that the members of the meeting speak to the Board and get the meeting back on track.

It was brought up again that the issue was raised after the decision to not plow Cherry Mountain Road North was made, that this decision was not taken lightly or without consulting town counsel.

Steve Messina asked the Board if they received the letter from Clara Weloth as she had asked for her letter to be part of the minutes. It was confirmed they did and Chairwoman Moroney stated she would read the letter in its entirety but then the conversation in regards to the plowing would be done for the evening so that other town business could be conducted. (Letter will be attached to meeting minutes.) Steve Messina stated that that was fine but if the town did not resolve this issue legal action was going to be taken against the town but they don’t want it to come to that.

Roger Phelps asked if any other roads in town were in this situation currently and the Board let him know that it is just Cherry Mountain Road South and Lower Falls Road. Steve Messina requested that the Board postpone its decision for one winter, or until June 2020, to give the residence more time to get everything figured out on how to maintain the road. The Board said they will ask this question to town counsel with the other three that have been asked.

Imre Szauter let the Board know that the Task Force did not meet last week but would be meeting on Wednesday. He reminded the Board that there would be a Building Committee meeting on Thursday at 9:00 a.m. at the Town Hall and that the official ground breaking ceremony would be taking place at 9:00 a.m. on Saturday at the Town Hall.

The Secretary presented the Board with a letter from Project Manager, Allan Clark in regards to the accounting for the new building project. It is his suggestion that a new bank account be opened strictly for funds related to the building project and that QuickBooks be used for the bookkeeping side. Brief discussion ensued between the Secretary who is also the Finance Clerk and Annette Marquis, Town Treasurer. It was decided that no new bank account would be opened and QuickBooks would not be utilized.

The Board asked Greg & Lori Hogan to pull together what the Police Department needs to do at the end of its lease to make sure the building is given back to them how they would like. Greg Hogan stated he spoke with Lori Hogan and they ask that they take all the equipment out but leave the building as-is. He stated he had a letter to state the same but he forgot it and will bring to the Selectmen’s office so a copy is on file.

The Board asked Greg Hogan if the town would be maintaining the mowing around the flower boxes by the welcome to town signs or if the Garden Club would be doing it. He stated he would talk to the Garden Club but didn’t see any issue doing the mowing around them. He said he would report back to the Board after he spoke with them.

The following items were approved and signed :

Northern Border Regional Commission Grant Agreement & Payment Form – during the signing of these items Imre Szauter let the Board know they he and Allan Clark participated in the webinar that was required for this grant.
WorldSurfer.net Television Franchise Agreement
Water Warrant – Charest; Charest; Route 3 Carroll, LLC; Bhavi Hospitality LLC
Workers’ Compensation Propgram CAP Agreement – Primex
Solar Energy Systems Exemptions – White
Property Tax Abatement – Dentale
Driveway-E911-Mapping Permit – Plasz; Plage; von Wallenstein; Munoz
Certificate of Occupancy – Kempton; Morrow
Certification of Yield Taxes – Whitcomb
Northpoint Engineering Agreement for Professional Services

Follow Up:

Wright Property – Chairwoman Moroney stated she has a phone conference with the attorney from the State on Thursday. She will present her findings at the next meeting.

Snow Thrower – The Board asked Greg Hogan if had any more information to present on this. He stated that he thinks it will cost an additional $10,000 in labor to maintain them in the winter but he said the first year will strictly be a guess. He believes that in most towns they have a set person who runs the machine and that is all they do. It was suggested that maybe the town hire someone for part-time seasonal help. It was reminded that the sidewalks do need to be maintained due to recent updates to the RSA from a court proceeding.

Echo Lake Investments – The Secretary let the Board know that Kevin Leonard from Northpoint Engineering will begin the third-party review once the signed agreement is received and monies are obtained from the client. The checks for the third-party review and water study were requested last Tuesday so those should be coming in soon. He advised the Board that they should wait until his review is complete before a bond amount is established for the infrastructure improvements. The Board was in agreeance.

In follow-up on the bond, an e-mail from the client’s attorney was presented where it was asked if the town would accept a letter or credit instead of a bond. The Board was in agreeance that they would not accept a letter of credit.

Lepage Easement – Greg Hogan called Mr. Lepage and said he apologized for the delay but that the easement looked good and he would get it notarized and sent back to the town this week to have it recorded. The Secretary stated she will keep an eye out for it.

Other:

Ed Martin has requested to use the town hall on Tuesday evenings starting September 17 for pitch and other card games. He said that if the space is needed for something else to just let him know and he will make arrangements to re-schedule or cancel.

Selectmen Scalley made a Motion to: allow Ed Martin to use the town hall on Tuesday evenings unless it is needed for town business. Chairwoman Moroney seconded and the Motion passed unanimously.

The Secretary let the Board know that the Land Use position is being advertised in three local papers and on Indeed and some applications have already started to come in. She reminded them the deadline to apply is October 1.

Greg Hogan said it appears that Pike will be able to provide them sand this winter. He inquired if the Board would be interested in signing a multi-year contract for sand with a set price of $10/yard and the price would remain the same for as many years as is agreed to. He also mentioned that they would bill year to year. He stated that he feels this price is extremely fair and that Pike provides the best sand for using in the winter on the roads. He said they can start screening October 1 if we would like it.

Selectmen Scalley asked how many yards of sand are used on average per winter and Greg stated approximately 700. He said he feels that $10/yard is also a fair price.The Board said they would contact legal to ask about multi-year agreements and let him know.

Jeremy Oleson let the Board know that the maintenance line in the fire department budget will be over for the year due to unforeseen repairs that have to be done. He also reminded that Board that during budget season he will likely be inquiring about a warrant article for a new rescue pumper.

Michael Hogan reminded the town that they can collect $2 fee that hotels, motels and places of the like are collecting per night stay. He thinks this should go into some type of capital reserve that is used for fire and police vehicles when they are needed. He believes this has to be put in a warrant article but suggested the Board look into it. The Board stated they will contact the representative in regards to this.

Chairwoman Moroney said the next Selectmen’s Meeting will be Monday, September 23, 2019, at 6:00 p.m. at the Town Hall.

As there was no further business, the Board was polled and went into non-public session, per RSA 91-A:3 for Legal & Personnel at 8:02 p.m. Chairwoman Moroney, yes; Selectman Scalley, yes.

At the close of non-public session at 9:01 p.m., Chairwoman Moroney moved to return to public session and seal the minutes from non-public session. Selectman Scalley seconded and the Motion passed unanimously.

Back in public it was noted the Selectmen’s Secretary had her six-month review and will be compensated $1 more per hour effective the next payroll.

There being no further discussion, Chairwoman Moroney made a Motion to adjourn the meeting. Selectmen Scalley seconded and the Motion passed unanimously. Chairwoman Moroney declared the meeting ended at 9:01 p.m.

Letter from Heidi Boedecker

September 16, 2019
Respectfully request answers to the following questions in writing from the Town of Carroll's legal counsel:
1. Why does the Town of Carroll maintain that they have no "authority" to continue to remove snow from Cherry Mt. Road South and Lower Falls Rd?
2. What specific mechanism allows for the Town of Carroll to discontinue doing winter maintenance / snow removal on Cherry Mt. Road South and Lower Falls Rd. after more than 40 years of continuous winter maintenance / snow removal?
Please send answers to :
Heidi Boedecker h@boedecker.us
603 986 8389

Letter from Clara Weloth

7 September 2019

Office of Selectmen
Town of Carroll
92 School Street
Twin Mountain, NH 03595

To: Town of Carroll Select Board

I am a long-term resident living year-round for the past 27 years at 129 Old Cherry Mountain Road South. I am currently out-of-town and cannot attend the 9 September Select Board Meeting. Therefore, please enter my letter into the meeting minutes documenting my questions and concerns specifically related to the agenda topic: Old Cherry Mountain Road in Twin Mountain.

I am very disappointed by the certified letter from the Carroll Board of Selectmen (dated 01 July) stating, “the Town will no longer perform any maintenance/snow removal effective immediately”. The Selectmen based their decision on lack of “authority” to plow a Class II State Road. Furthermore, the Select Board meeting notes (dated 20 May) suddenly declared, “the road is not up to town specifications” for plowing! The Town miss-led me into thinking they had “authority” to plow the Old Cherry Mountain Road South because they plowed the road for the past 27 winters that I lived here, and probably plowed when the original owners built the house in the late 1960s (not “in the recent past” as the letter stated)! The letter is unclear if the Town decided to no longer perform any maintenance of this all-season Class II Road?

Town of Carroll Road Maintenance Plan:

1. Is the Old Cherry Mountain Road South identified in the Town of Carroll Road Maintenance Plan (which shows planned and scheduled road maintenance and upgrade activities town-wide)?

2. Is there a record of governing bodies and highway department discussions and decisions about past winter maintenance activities of the Old Cherry Mountain Road South?

3. Are the upgrades that are needed to bring the Old Cherry Mountain Road South up to Town plowing specifications identified in the Town’s Road Maintenance Plan?

4. This passable 2-lane gravel road is annually graded, has defined ditches on either side, adequate drainage culverts, unimpeded height clearance, and ample turning radius for Town plows at the Forest Service gate. What exactly is the road upgrade needed to meet Town plowing specifications?

5. Despite paying taxes over the years, the Town neglected investing in upgrading the road to plowing specifications. This neglect has resulted in putting the traveling public, my safety, and my home at risk if the Town does not continue plowing this frequently traveled (incl. winter) all-season public road.

Winter Maintenance Level:

1. If the Town abandons maintaining the road and residents are forced to plow the road, what is the minimal winter maintenance level required for accommodating the traveling public on a Class II Road (i.e. how soon after a storm must a road be cleared, how often plowed /salted / sanded, plowed to single lane only, 20-foot travel width, 30-foot ROW width, no turn-outs)?

2. Does the Town have salt and sand the residents can use at no charge?

3. If residents need to remove snow off-site, where can it be hauled and dumped in Town at no charge?

Road Signage:

The Twin Mountain Snowmobile Club does a great job grooming and signing the trails (I know because I’ve snowmobiled them). However, over the past 27 winters I had several near misses with snowmobilers speeding down the plowed road as I cautiously pulled out of my driveway: And had a near miss head-on collision with a speeding snowmobiler as I drove home from work up the road to my house. Snowmobile traffic will likely increase on the road due to the Town’s decision not to plow the road. One very snowy winter, trucks with snowmachine trailers overflowed the Lower Falls Lot and parked part way up the road.

1. Will the Town sign the plowed road “closed to snowmobiles” or “no longer perform any maintenance” per their certified letter? If residents are forced to plow and maintain the road for winter public use, do residents have the “authority” to sign the road closed to snowmobiles or post no parking signs along the road (to prevent vehicles narrowing the road and blocking ems vehicle passage)?

2. If residents are forced to plow the road, can we post signs to warn or prevent other non-resident motorists from using the public road in the interest of safety if road conditions are hazardous?

Liability:

1. Past neighbors (who rented the year-round trailer up the road) had small children that walked down the road in the winter to catch the school bus at the junction of Old Cherry Mountain Road and Lower Falls Road. What if future renters have children needing busing? Because the Town’s decision to not plow these roads, a bus can’t turn onto the Old Cherry Mtn Road to turn around. Will a bus be forced to stop on busy Route 302 to pick up future children? Who is liable if an accident occurs?

2. One winter night a different renter got their car stuck perpendicular to the centerline of the road in front of my house during a snow storm. The couple had a new born baby and had to abandon their car and walk up the road to the trailer with their baby. What if unprepared non-resident tourists get stuck like this at night when residents are away, or have a medical emergency trying to get unstuck. If the Town fails to plow the road, who is liable for personal injury and/or property damage when people get stuck in the snow, the ditches, the deep snowdrifts or if something worse happens?

3. The Google Map program miss-directs motorists up the Old Cherry Mountain Road (Google Maps shows my house on the wrong side of the mountain)! This summer I watched a lost tractor trailer driver back his big rid down the road, and then use my neighbor’s private driveway to turn his semi around making numerous back and forth turns. What if this happens in the winter and the road is blocked, or there are other accidents due to unplowed or icy road conditions, who is liable?

Discrimination:

1. Based on my age (senior) and marital status (single), I am discriminated against by not having equal access to unimpeded emergency service response times (police, fire, and ambulance) to my home in the winter compared to other taxpayers due to the Town’s decision not to continue plowing the road.

2. Over the 27 winters, frequent power outages have occurred at my home. There is a PSNH 3-strand power line with right-of-way in my back yard. I am concerned the big PSNH service trucks will be impeded getting to the line to restore power. What if the other long-term, year-round neighbor up the road has a disability, or I become disabled and need power restored in a timely manner for an oxygen machine or other life support devices / services? FedEx and UPS deliveries of heart or diabetic medications will be impeded due to the Town’s decision not to plow the road?

3. Access for the large propane delivery truck that services my home regularly so I don’t run out of heat will be impeded. I burn wood as a back-up heat source. What if I have a wood stove fire, and the large fire truck is impeded because of the Town’s decision not to plow the road?

4. Past search and rescue efforts by the Town ambulance used the plowed road to make quick access to an injured snowmobiler behind the Forest Service gate. S&R response time will be impeded.

The Town’s decision to not plow the road will negatively affect and impede ems response times and impede necessary utility services to my home. As a class of residents living along the Old Cherry Mountain Road South, we are being treated differently (as if the road is privately owned and winter road maintenance and associated costs are now our responsibility vs. similar winter road maintenance being provided by the Town to other residents)! We are adversely affected by the Town’s miss-management of long deferred road upgrades, and by their arbitrary and capricious decision to not continue plowing this frequently traveled (including during the winter) all-season public Class II Road.

Financial Hardship:

The Town’s decision to not plow the road will cause an undue financial hardship on me as head of my household (single female, retired senior citizen, on a fixed income). The Selectmen’s letter was short notice, affording little time to research plowing services; worse yet, left me no time to save-up funds and plan a budget for expensive unforeseen plowing/salting/sanding costs. The Selectmen’s pre-mature decision to abandon the road left me feeling “de-valued” as a long-term, tax-paying resident. I feel my safety and the security of my year-round home does not matter to the Town. Therefore, I seek relief via Carroll Town officials entering into a Memorandum of Understanding where the State grants “authority” to the Town to continue winter road maintenance on the Old Cherry Mountain Road South. Out of good faith, the Town needs to “grandfather” the plowing of the Old Cherry Mountain Road South during this coming winter into the Town of Carroll Road Maintenance Plan.

In closing, I thank Mr. Cormier, Mike Shaheen, and others who did an outstanding job plowing the south-end of the Old Cherry Mountain Road for so many years, and recently excellent plowing by Andrew Shaheen and others. I am truly grateful for the public service they provided. I also thank my neighbor Steve Messina for contacting officials at NH DOT in Concord and NH DOT District 1 in Lancaster while researching the Class II status of the Old Cherry Mountain Road South and the applicable RSA 231. Finally, I thank the Carroll Board of Selectmen for your time and consideration in addressing my numerous questions and concerns, and for your efforts resolving this important public safety issue.
Being a public servant is not easy…I know!

Respectfully,

/s/ Clara J. Weloth
129 Old Cherry Mountain Road South
Twin Mountain, NH

Cc: W. Long, Esquire

Town of Carroll, New Hampshire

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