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Minutes of 01/28/2008

February 1st, 2008

Carroll Board of Selectmen
Meeting Minutes
January 28, 2008
"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 Susan Kraabel, Secretary

Board members present: Bonnie Moroney, Allen Strasser, Rena Vecchio

The meeting was called to order at 7:00 PM.

Members of the public present: Mike Gooden, Roberta McGee, Bill Dowling, Billy Rines, Tadd Bailey, Evan Karpf, Ann Fabrizio, Carmine Fabrizio, Lori Hogan, Dan Garneau, Leo Charrette, Joyce Charrette, Mark Clark

Pledge of Allegiance

The board announced the approval of bills and signing of checks.

Chairman Moroney moved to accept the minutes of January 14, 2008, as written. Selectman Vecchio seconded and the motion passed unanimously.

Stan Borkowski’s report has been posted on the bulletin board.

Mark Clark reported that in the minutes from the January 7, 2008 meeting, Roberta McGee had stated that the selectmen in office at the time knew that Louise Staples was keeping the motor vehicle state fees and they were okay with that. He said he was in office at the time, and they never discussed that nor was it okay with them. He said that regardless if it was or not, the voters had said with the change in the way she was paid all fees were to go back to the town. He said he wanted the minutes to reflect that that was an erroneous statement. Ms. McGee said regardless of what the minutes said, her statement was that one of the selectmen had testified in court that the selectmen knew she was keeping the fees and were okay it – his words, not hers.

Two proposals were presented to do the groundwater monitoring at the old landfill site. Horizons Engineering’s proposal was for the testing in 2008, while Provan & Lorber presented a proposal for the five year period of 2008 through 2012. Selectman Strasser asked Bill Dowling some questions about the testing done and whether we’d not been doing all the testing we are supposed to be doing. Mr. Dowling pointed out that Horizons had done the testing in 2005 and 2006, the two years the state has problems with. Prior to that Provan & Lorber had done the testing for 20 years. He read from minutes from August 1, 2005, that Steve LaFrance had come to the board with a report that said that levels of manganese were high, that he was not concerned about it, but wanted to make the board aware. Mr. Dowling said now the state is concerned. Selectman Strasser suggested that we may have to move the test wells farther out on our property, and Mr. Dowling pointed out that that we have no town owned property farther out. He said there’s been no maintenance done on the landfill in 20 years, and that he was asking the board to go with the 5 year contract of Provan & Lorber. He felt we’d be in sync for those years and have never had problems with the firm. If the warrant article for transfer of capital reserve funds passes, he plans to have the trees removed and loam, seed, and mow the area, which will help protect the ground water. He said we will have three choices: cap the landfill, dig it out and remove the material, or maintain it, and his first step will be to maintain it. In 1993 a hydrological investigation was done, and it cost $17,000. Another well plus additional testing and lab analysis will be more money.

Selectman Strasser asked if town waterlines go up New Straw Road, and was told they do. Currently groundwater is not going toward Woodland Acres, it’s all going down New Straw Road, and those houses are on town water. Mr. Dowling said he’s spoken with the engineers at Provan & Lorber, and they are dealing with the state concerns. They have already supplied the state with the missing information from the 2005 and 2006 reports at a cost of $200. If the state mandates expansion of the groundwater management zone, they will give us a price for that. They will also get us costs for digging out the old dump area and for capping the area. Selectman Strasser moved to sign the 5 year contract with Provan & Lorber (total estimated cost including lab analysis fees of $26,287.25). Chairman Moroney seconded the motion, and it was passed unanimously.

The secretary presented two versions of the 2008 Warrant. One had selectmen recommendations on all articles and the other had recommendations only on the special warrant articles – those with appropriations. Selectman Strasser stated that the NH Department of Revenue Administration recommends that we only show the recommendations on the articles with money. The secretary said she’d spoken to Don Borror of the DRA and Atty. Bernie Waugh, and they said the statutes don’t deal with non-money articles regarding recommendations, but that many towns put them on, and they had no objections to that practice. She said the attorney from the Local Government Center said they take a more conservative view and recommend that towns don’t put recommendations on the non-money articles. Selectman Vecchio said she as a voter likes to see the recommendations, that in some cases they are helpful in deciding how to vote. Chairman Moroney said she feels the recommendations show the selectmen are doing their jobs, that they are looking at all the articles, and previous years’ warrants had included them. Selectman Vecchio reminded Selectman Strasser that he’d sent an email stating that if the recommendations were shown, he wouldn’t sign the warrant and would stand up at the deliberative session and tell people why. Selectman Vecchio said she thought once the board voted, he should support the majority vote, and Selectman Strasser responded that in spite of a majority vote, anyone has a right to discuss why they voted out of the majority. Chairman Moroney moved to sign the 2008 Warrant with all recommendations in place. Selectman Vecchio seconded the motion and it was passed 2-1. Selectman Strasser voted nay. All three selectmen signed the warrant.

The following items were approved and signed.

Intent to Cut – Stalaboin
Certificate of Occupancy – MWH Construction – 428 Crawford Ridge Rd.
PSNH Pole License – #76-544 Route 115
Forest Fire Warden Reappointment – Marc Brodeur
Forest Fire Deputy Wardens: R. Chaput, R. Ramsdell, C. Hancock, J. Duncan, J. Hodgman, J. Oleson
Town Hall Use Permit – Brodeur

The refinancing of our USDA loan was brought up next. Town Counsel has supplied the letter requested by Connecticut River Bank that states the selectmen have the authority to refinance the bond. However because the amount involved is over $100,000, there must be a Public Hearing before any action is taken. A notice of a February 18, 2008 hearing will be placed in the February 6th edition of the Democrat and Courier. The secretary will get a payoff amount and per diem interest amount from USDA, and then the selectmen will decide whether to finance for the same term with a lower payment, or the same payment with a shorter term.

We recently received a list of Municipal Law Updates from Atty. Waugh and a note from him saying he would be willing to come up to a town meeting to talk about the updates and other issues people may have. This would be done at no cost to the town. Dr. Karpf asked if we could possibly schedule his visit before March 11. The secretary will check on dates with Atty. Waugh.

Chairman Moroney read an email that Lee Hallquist had received that dealt with wind power. A friend of his read about a Massachusetts ski area that installed a windmill at a cost of $3.9 million that would be amortized in about 7 years. He wondered if it wouldn’t be a good thing for Twin Mountain and/or Bretton Woods. He said it would save on electrical costs and attract tourists as well. Selectman Strasser said the county commissioners have been looking at putting windmills in unincorporated areas – ridgelines, etc.

Chairman Moroney read the letters being sent to Leo Scales and Mike Lynch regarding the fact that the town no longer owns old Straw Road, and thus has no jurisdiction in the matter of trees planted on what was thought to be town property.

Chairman Moroney read a letter from the LGC, NH Association of Counties, and the NH School Board Association. In it they requested funds in the amount of $182.48 to help pay legal fees in an effort to litigate against additional retirement costs. This relates to the under funding of the NH Retirement System. Selectman Strasser moved to be part of the litigation and send the funds requested. Chairman Moroney seconded the motion, and it was passed unanimously.

Selectman Strasser said he has received a revised contract from Hoyle Tanner and will have here for next week’s meeting.

Billy Rines reported that windows and doors have been installed at the Paquette Circle house.

It was reported that the Highway Capital Reserve Fund was opened 06/25/1998. The Major Road Improvement Fund was opened 07/06/1999. The Water Improvements Capital Reserve fund was established 06/15/1999.

Selectman Strasser said we’d never received anything from Karen Carew regarding checks and balances for handling of funds in the two town offices. The secretary will contact her.

Selectman Vecchio said she would like to see some of the documentation that John Gardiner had kept regarding the deterioration of the police station. The secretary will contact John Trammell to see what he has.

Mr. Rines said he’d received a call from the state about the waterline put in across the state trail into Jerry Warren’s subdivision on Mountain View Lane. Apparently the agreement between the town and the state was never completed properly, and the state is looking for selectmen’s signatures now. When the paperwork arrives, we’ll have Town Counsel look at it before signing.

Mr. Dowling presented a letter for signatures by the selectmen. This letter is in opposition to HB1429 which would limit the height of the Bethlehem land fill. Mr. Dowling said it can’t be seen from the highways, and if you view from Trudeau Road, it is very well cared for, not unattractive. He said in the future it could be used for outdoor walking, etc. Chairman Moroney moved to sign the letter, Selectman Strasser seconded, and the motion was passed. Selectman Vecchio said she would like to gather more information before signing, and was told there was a deadline of Tuesday at 1 pm. She did not sign.

Mr. Rines presented a proposal from Avery’s Sweeping in the amount of $3,100 to sweep Carroll’s town roads next spring. The proposed 2008 budget had $3,500 for this purpose, but Mr. Rines said he would find the money in his old budget if necessary. When asked what quality we would get, Mr. Rines said because we have old roads, Avery may not get everything, and we may have to do some minor cleanup. Leo Charrette asked if people will know when he’s coming, and Chairman Moroney said we’d ask him to let us know ahead of time, and maybe we can put a notice in the paper. Chairman Moroney moved to sign the contract, Selectman Vecchio seconded, and the motion was passed unanimously.








At 8:20 PM, as there was no additional business, Chairman Moroney declared the meeting ended, and moved to go into executive session regarding legal matters, town aid and personnel matters. This was seconded by Selectman Vecchio. The board was polled, and went into executive session.

At the close of executive session, Chairman Moroney made a motion to return to public session and seal the minutes from executive session; Selectman Vecchio seconded and the motion passed unanimously.

Back in public session, the selectman announced the impending retirement of Susan Kraabel, the secretary. She will be leaving the town office at the end of April.

At 9:15 PM, as there was no additional business, Chairman Moroney declared the meeting ended.


Action Items:

Industrial Park land use - CEDC
Chamberlain property
Website
Bank change/loan refinance/PDIP
Policy/Procedures Manual
Management Discussion Letter
Hoyle & Tanner Contract
Municipal Law Update meeting
Police station documentation
Trail Crossing Agreement - waterline