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Minutes of 05-11-2009

May 18th, 2009

Carroll Board of Selectmen
Meeting Minutes
May 11, 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 Maryclare Quigley, Secretary

Board members present: Christopher Hancock, Bonnie Moroney. Ken Mills was excused.

The meeting was called to order at 7:03 PM.

Members of the public present: Roberta McGee, John Foster, Carmine Fabrizio, Ann Fabrizio, Bill Wright, Joan Karpf, Evan Karpf, Jim Covey, Jeff Duncan, Jeremy Oleson, Tom Gately, Bill Smalley, Kelly Trammell, John Trammell, Bill Rines

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 27, 2009 as written. Selectman Moroney seconded and the Motion was passed unanimously.

Stan Borkowski’s report was not received.

Chairman Hancock recommended John Foster as a Trustee of the Trust Funds. The third member of the committee had resigned earlier in the year and Mr. Foster offered to take the position. Selectman Moroney made a Motion to: Accept Mr. Foster’s offer, Chairman Hancock seconded, and the Motion was approved unanimously. Mr. Foster was asked to go into Becki to be sworn in.

Chairman Hancock announced the Public Hearing for the expenditure of unanticipated money in the amount of $8,931.73. The Secretary advised the notice was in the Democrat on April 29, and had been posted on the bulletin board and the website on April 23. It was explained by having this hearing, the money will not have to go into the General Fund, but can be spent to make the repairs for which it was intended. Roberta McGee asked where the money came from and was told it is from the insurance claim when the roof over the office (the new addition) leaked from ice backup in February. It will go toward fixing the roof which will hopefully take care of the problem for good.


The following item was approved and signed:

Water Warrant – Grand Majestic King Pine, Munroe Restaurant, Munroe House

Chairman Hancock recognized Allen Strasser who asked to be on the agenda regarding the minutes of April 6, and to speak about writing minutes. Mr. Strasser stated that he said that figures he gave at the meeting on April 6, were from the Department of Revenue Administration and signed by Barbara Robinson and certified and asked that the minutes be corrected. He was advised those minutes cannot be changed, but may be amended at this meeting. Mr. Strasser handed printouts to the Board Members and the Secretary, and asked that copies be given to Selectman Mills on his return. Mr. Strasser went on to talk about the numbers and their importance. He feels they show that the Town of Carroll is out taxing and outspending anyone else (copies attached).

Mr. Strasser then spoke to RSA 91-A, the right to know statute. He said he is awaiting a written response to his request for information. He also continues to question that there is information regarding an employee’s timesheet and payroll check stub that he is not allowed to see. It was explained again that legal advice had been sought and particular information concerning an employee’s sick time or insurance contribution would not be within the RSA. Discussion ensued concerning a class with LGC that Selectman Mills attended in April. He had previously stated that there is updated information on the right to know law and it is his opinion that this information would, indeed be permissible. Chairman Hancock requested that Town Counsel be asked about this.

Bill Rines, Road Agent, had been asked to respond to the letter submitted to the Board at the meeting on April 27, by Dr. Evan Karpf, Health Officer for the Town. The gist of the letter was that a town employee was operating a small street sweeper and was in a cloud of dust and was not wearing any protective gear. Dr. Karpf felt it was his responsibility to stop the project due to the potential danger to the employee. Mr. Rines said the employee chose not to wear the goggles, etc., and wondered if we should institute a form for an employee to “sign off” in the future. After a brief discussion, it was stated that would not be an option and all employees must wear whatever protective gear required for a particular job. Chairman Hancock said this must be dealt with and should not be let slide – policies are to be followed and enforced, or the employee must be written up or dismissed. Mr. Rines was asked to speak with his crew to be sure the policy is understood.

A letter to the Planning Board from Fire Chief Duncan regarding Birchwood Commons was read by Chairman Hancock. Chief Duncan referred to an article in a recent issue of the Coos County Democrat in which was stated that the Town of Carroll had “stifled” a project because of a sprinkler requirement. Chief Duncan’s letter (attached) explained that a third party review process had been approved by the Planning Board in 2006, as well as by the Select board (and became a town regulation on January 1, 2007), for new construction (a change of occupancy in a building causes it to be considered as new). He also noted that had the third party review taken place at the beginning of the project as required, the lack of a sprinkler would have been realized then and avoided the problems that the later timing has brought on. It was stated that the letter probably applies more to Stan Borkowski, as he is the Code Enforcement Officer as well as the Building Inspector, and approves all Building Permits and that one should not have been issued without the third party review. Chairman Hancock read email communications between Mr. Borkowski and Rena Vecchio, Planning Board Secretary (copy attached). The email states the Building Permit was issued for porch work only. Dr. Karpf, who is an owner of Birchwood Commons, said the only work had been outdoor renovations, there was no interior work done. He also said it would have been nice if people had looked at the use. He said he had checked with other towns and fire chiefs and had been told they would work with them. He went on to say, they were trying to help the town with businesses, and to try to avoid another empty building, by having affordable space that would help people get started. Dr. Karpf went on to say they were planning to change the wiring to bring it up to code. Mrs. Karpf, also an owner, said they had discovered there is a process to appeal for a variance, but they were never offered that. They would have appreciated knowing that before they got as far as they did. She said they would never want to put anyone in danger. Discussion took place about the notification procedure and who should have advised them of the possibility of appeal. It was noted that a third party reviewer has since been contacted and will be coming in.

The Town Clerk swore John Foster in for his term as Trustee of the Trust Funds and submitted the Oath of Office for the Selectmen to sign. Chairman Hancock made a Motion that: It be signed. Selectman Moroney seconded and the Motion passed unanimously.

It was then noted that the Floodplain Management Ordinance needs updating. Selectman Moroney said they had used a template from another town and have adjusted it for our use. This is also required for the hazardous mitigation plan being worked on. They discovered if there is one in place, it is not being used as houses are being built in the flood plain. June Garneau, with North Country Council, has been working on this and has done much research. As far as she can ascertain, an updated map is just not available.

It was announced that the Memorial Day Parade will take place on Monday, May 25, at 11:00 a.m. Following the parade, there will be a barbecue at the Fire Station and all are encouraged to attend.

Selectman Moroney spoke of the letter the Board had written to the Bishop of Manchester last fall regarding St. Patrick’s Church. She was asked today to let people know that starting on the Fourth of July weekend, the priest from Lincoln will come and say Mass at 7:15 on Sunday mornings on a trial basis for several months (possibly October). It was agreed that St. Patrick’s is an important part of the town and everything possible should be done to keep it open.

Dr. Karpf said Community Pride Day had been postponed because the weather forecast had called for storms and because not many people had signed up. It is now scheduled for Saturday, May 23, from 9 a.m. to 2 p.m. There will be a barbecue at the end and he hopes lots of people will sign up and participate. The sign-up will also help with getting enough food!

Jim Covey spoke about several things. First, was a call he received from the prison in Berlin offering services for painting, sweeping, raking, etc. They have a program for inmates of a certain level, and to take advantage of this, a letter from the town is all that is needed. Sgt. Buddy Van Housen is the person who called Mr. Covey.

Secondly, Mr. Covey explained that the Mount Washington Resort will not be doing fireworks this year. However, they are donating $2,000 to the Chamber of Commerce if they wish to sponsor them for the town. They had spoken with Billy Rines about using the pit behind his house, but upon reflection, felt that might not be the best vantage point. Bruce Seymourian has agreed to allow the fireworks be set off from his property on Route 3 South. The adjoining property, behind the former Fun Towne, now owned by the Karpf family and known as Birchwood Commons, allows for space for viewing. Mr. Covey asked for letter from the Town indemnifying all of the owners of the properties from any damage or liability for the use of the properties. The Selectmen asked the Secretary to find out if we can do this.

Lastly, Mr. Covey said the owners of the Cog are making ready the car they said they would give some time ago. They will put in track this fall and plan to also install a trestle. The area will be landscaped and they plan to enclose it with wrought iron fencing to ensure everything is safe, and then the car will be installed in the spring. The location for this is below the Information Booth, so they will most likely have to remove some bushes as well as relocate the “Welcome to Twin Mt.” sign. It was noted that the State DOT may put in a paved viewing area, though as was pointed out, the goal is to have tourists stop at the Booth. Mr. Covey said this qualifies for Scenic By-Way money.

It was noted because May 25, is Memorial Day, the next meeting will be held on May 18.

As there was no further business, Chairman Hancock declared the meeting ended at 7:57 p.m. and moved to go into Non-Public Session for town aid. The Board was polled and went into non-public session.

At the close of Non-Public session, Chairman Hancock made a Motion to: return to public session and seal the minutes from Non-Public session. Selectman Moroney seconded and the Motion passed.

There being no further discussion, Chairman Hancock made a Motion to: adjourn the meeting. Selectman Moroney seconded and the Motion passed unanimously. Chairman Hancock declared the meeting ended at 8:35 p.m.