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Minutes of 04/27/2009

May 7th, 2009

Carroll Board of Selectmen
Meeting Minutes
April 27, 2009

"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 Rena Vecchio, Secretary

Board members present: Christopher Hancock, Bonnie Moroney, Ken Mills

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

Members of the public present: Roberta McGee, Carmine Fabrizio, Ann Fabrizio, Mike Gooden, Tom Gately, Jeff Duncan, Sue Kraabel, Leslie Bergum, Al Strasser, Evan and Joan Karpf, Jeremy Oleson

Pledge of Allegiance

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

Chairman Hancock made a Motion to: Accept the minutes for April 13, 2009 as written. Selectman Moroney seconded and the Motion was passed unanimously.

Stan Borkowski’s report was received and posted.

Chairman Hancock brought up RSA 91-A Policy for discussion. The “Procedures For Responding To A Request For Information Pursuant To RSA 91-A” is a procedural document that names the individual, Maryclare Quigley, the one responsible for overseeing compliance with the provisions of RSA 91-A or commonly known as The Right to Know Law. After reading the procedures, Chairman Hancock opened the floor for discussion. Sue Kraabel asked for Maryclare Quigley’s name for the “individual responsible” to be changed to Administrative Assistant. If it is done this way then every time a new assistant takes place, the document would have to be voted on again. The board agreed. Next she questioned the second sentence of #5 of the procedures. Mrs. Kraabel said she found “If preferred” to be very confusing and suggested dropping that. Once again the board agreed. Sue said that the board would probably want to run the changed document thru town counsel again.

Selectman Ken Mills said he had gone to a workshop this weekend on “The Right to Know Law”. He brought up the issue of redacting (blocking out of information). He said that one could not redact pay, salary, vacation, sick or other leave. Sue Kraabel immediately spoke and said she thought that Maryclare had been given different information on that. Ken said there may have been a belief of that or a desire of that but that is not what he took from the workshop or on reading the RSA this weekend. He said he would caution anyone in redacting information because the default position is that we have to release information. And that is what he felt he got out of his research today. Many questions now came as to why the town seemed to be getting different information then what Ken had gotten or felt he got. It was said, by the secretary sitting in for Maryclare, that her information came form the LGC and from town counsel.

Jeff Duncan also mentioned that having people come in to the office and use the copier may not work well either, as the procedures had mentioned in #5. He felt it was not a good idea to give everyone access to the area where the town employees are safe feeling. It was suggested to take out part of the sentence in line two,” and may make copies him or herself on the town’s copier machine.” The board agreed. At this point the board suggested that the procedure be sent back to counsel.

Al Strasser brought up the fact that he felt he was getting information from the town office about the Right to Know Law that was not correct. He felt he had the right to all employee records and could not believe that any information had to be redacted, especially the punching in and out of the police. Ken Mills at this point also said he believed that the information on the time could be released. The secretary standing in for Maryclare stated that she did not know why there was conflicting information either, but she did not like it at all. She said the conversation tonight made her and Maryclare look like liars and idiots. She suggested the next time the board discussed this that maybe they should have the lawyer present so they could answer the questions directly.

Ken Mills made the motion to table the procedures until all of the questions could be answered. Bonnie Moroney seconded and the motion passed unanimously.

Joan Karpf and Leslie Bergum handed the Chair a copy of “Current Use Rules and Criteria, RSA 79-A” for the Town of Carroll. They had taken a Current Use course last week and found it to be very informative. Joan said that Current Use has nothing to do with zoning. The copy has the rules and regulations for the Town. The board thanked them both.


The following items were approved and signed:

Abatement Denials –Twin Mountain Family Ltd. Partner
Gravel Tax Levy – Pike Industries, Inc.
Excavation Tax Warrant – Pike Industries, Inc.
Notice of Intent to Excavate: Pike Industries
M203/L5 – 45,000 cubic yards stone products
M204/L5 – 24,000 cubic yards gravel
M416/L22 – 6,000 cubic yards sand
M204/L3 – 15,000 cubic yards sand
Application for Current Use – Michael & Amie Fanning
MV Agent Authorization – Town Clerk
Yield Tax Certificates – TRG, BAYROOT, LLC
Letter Appointing Dan Walker Emergency Mgt. Director
Water Warrants
Town Hall Use – Hancock, Recreation Sign up
Vecchio, Bridal Shower
Certificate of Occupancy – MWH Construction Co., LLC – Presidential View #13, 29 Avalon Drive



Next on the agenda was Al Strasser under “Request for Information, RSA 91-A”.Al Strasser had wanted to come before the board to talk about the Right To Know Law. He said considering the Board was looking at the new procedures and having them checked by counsel, he would table his request. He did not want to take legal action against the town, which he had said the week before that he was going to do. All he wanted was to be able to go in and make copies of anyone’s payroll sheets and have available any number of years to look at. The other issue that was brought up because of this was payment for large amounts of documents that the town would have to provide. There was a conflict in the way Al Strasser believed the law read and the actual details that were given to the town office thru LGC and town counsel.

Chairman Hancock read a letter from Leo Jellison, dated March 23, 2009, pertaining to the Rines gravel/excavation pit. The letter was also sent to the Planning Board and the Zoning Board of Adjustment. Please find the letter attached.

The Cemetery Committee asked the board if they could please speak to them even though they were not on the agenda. The board agreed to listen to them. Mike Gooden handed in a notice that the Committee wanted put in the papers. He said they are running into a lot of problems with people that have deeds to plots that are already being used, so they are trying to map out plots. Ed Martin said that records were not kept well and that is now what they are dealing with. So they have a moratorium on selling any plots in the old section until they can get things straightened out. The Committee is asking for anyone with a copy of a deed for a burial plot in Straw Cemetery to please come into the town office and let us take a copy of the deed. We can take your information and then a member of the Committee will call you. All deeds will be honored one way or the other. Bonnie Moroney made a motion to put the ad in the paper. Chris Hancock seconded and the motion passed unanimously.

Next the committee wanted to talk about mowing of the Straw and Rosebrook Cemetery’s. Ed Martin has talked to people in Twin Mountain/Carroll. Mike Rouillard offered to give a 20% discount. The pricing came in under what they had budgeted so the Board told the Committee that they did not need a Board vote to hire him. Mike Rouillard also is fully insured.

Evan Karpf acting as the Town Health officer:
• Stopped Scott Sonia from cleaning the road with the mower and brush because he was totally immersed with dust and dirt. Scott also did not have a protective mask on
• There are new owners of the Zermatt and the fencing around the pool has been down. Evan felt that it was a safety hazard particularly for small children.
• The Swine Flu is at a Level 4, which is one step lower than a pandemic. At this time there are no recorded cases in New Hampshire. Frequently washing your hands is a great help and when you sneeze, do so into your arm instead of your hands.
• Clean-up day is May 9th. Anyone interested please let them know. There have been few sign-ups so far. There will be a barbeque after if enough people sign up.

The Selectboard thanked Evan. They also asked if Bill Rines could be asked to come to the next meeting so they can discuss the issue with using protection for jobs.

Al Strasser asked that the board document the state law that requires the towns to have to have a salt shed. He said he did not believe that there was such a law. He spoke to Bethlehem and they
only had a concrete pad that they put their salt/sand on . Chairman Hancock said that the law was for salt only. Al said he knew that but we should be documenting all of these so called laws because he talked to 5 towns and none of them had to have a salt shed. The secretary asked if he could please list the towns that he called so she could document that information. He listed Bethlehem does not have or need one and he talked to Rick. Jefferson also does not have one or need one and he talked to Linda. Then he said Bath does have a salt shed and he could not remember whom he spoke to. Those were the only towns that he actually had conversations with. He again reiterated the need to document the law.

Ken Mills talked to Linda Moot a DES enforcer, about the need for a salt shed and she said that there was no enforcement action with the Town of Carroll for the lack of a salt shed. But you can be liable for $10,000.00 a day if there is contamination of any wetlands or wells or water. She felt that it was very important that people realize the importance of water contamination. It was brought up by Roberta McGee that there is a brook that runs right by where the salt has to be placed now. Bonnie Moroney also brought up the fact that leaving the salt out in the elements is expensive also. Salt was very expensive this year.

Sue Kraabel brought up that the Woodsville Guaranty Savings Bank had brought in an immense amount of food for the food pantry. The food was donated by the employees of the bank. Sue asked if a thank you had been sent out yet and it was believed that one had not.

There being no further business, Chairman Hancock declared the meeting closed at 8:45.

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