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Minutes of 06/15/2009

June 22nd, 2009

Carroll Board of Selectmen
Meeting Minutes
June 15, 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: Chris Hancock, Bonnie Moroney, Ken Mills.

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

Members of the public present: Bill Dowling, Roberta McGee, Joan Karpf, Evan Karpf, Bill Smalley, Bill Rines, Mike Gooden, Leslie Bergum, Jeremy Oleson, Ann Fabrizio, Carmine Fabrizio, Jim Covey

Pledge of Allegiance

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

Selectman Moroney made a Motion to: Accept the minutes for June 1, 2009 as written. Selectman Mills seconded and the Motion passed unanimously.

Stan Borkowski’s report was not received.

The following items were approved and signed prior to the meeting:

Property Tax Warrant – 1st Issue, 2009 (it was noted the written amount needed to
be corrected to correspond to the amount in numerals)

The following items were approved and signed:

Intent to Cut – Daniels
Water Warrant – Gamache; Saffian; Powell; Buswell
Abatement Denials – Dubee; Davies; Penacho; Johnson; Robie; Mulcahy; Bogan
Property Abatements – Stone; Bogan; Classic Acres
Yield Tax Abatement – New Page Corp (For U.S. Forest Service)
Yield Tax Warrant – BW Land Co., LLC
Certificate of Occupancy – Dwyer
Oath of Office, Zoning Board of Adjustment – Leslie Bergum
Town Hall/Property Use Permit Application – Recreation Program for Mount
Washington Hotel
Flood Plain Management Plan – It was explained this was put together as an update and
to go with the Flood Plain maps already in existence. The question was asked if this
includes notification of potential buyers of property with regard to possibly building
within the flood plain, to which the reply was that there is some of that though not as
stringent as the template which was used. It was further explained once the Selectmen
approve it, it goes to the Planning Board. If they wish to add to it, they have the right
to do so. Selectman Moroney made a Motion to: Accept the Flood Plain
Management Plan and send it on to the Planning Board for their approval. Chairman
Hancock seconded and it passed unanimously.

In Other Business

Leslie Bergum referred to a mailing by the Ammonoosuc River Local Advisory Committee advised that they are now in a position to accept funding. She also advised they will be doing a study on the entire river and this will all be explained at a meeting on June 22, in Littleton. She said that river management would also be very helpful to emergency planning. Ms. Bergum said she and Joan Karpf are the Town’s reps on the LAC, and encouraged the Selectmen to attend as well as the Planning Board. She hopes to have good representation from the Town of Carroll.

Jim Covey attended at the Board’s request, to update them on the Chamber of Commerce plans and organization for the fireworks display they are sponsoring on July 5. Mr. Covey said the Mt. Washington Hotel, who has sponsored the display in the past, had decided not to do so this year and offered the Chamber $2,000 toward them if they wanted to provide sponsorship. Mr. Covey said they had hired Joel White to put it on. He noted that due to the fact that they don’t have the money to spend that was spent in the past, the display will be shorter. Mr. Covey said the Fire and Police Chiefs have signed off on it and he presented a copy of the Permit. He also gave copies of the company’s certificate of insurance, the letter being sent to neighbors, and a map showing the area where the display will be done; involved are St. Patrick’s Church, Jalbert and Garneau properties, off Route 302 W. Mr. Covey noted a 200 foot safety buffer is required from the active fireworks and display area – and they have placed it so there is an addition 300 foot buffer. He said they will have the Jr. ROTC group from WMRHS to assist with parking and to direct cars across Route 302 for parking at the Town Hall. They will move the Port a Potty from School Street to the area for the event and there will be several large barrels placed for trash. There will be several people coming on Monday morning to clean up as may be necessary. There will also be a Carroll police officer in attendance along with the Chief being available and making appearances from time to time. Among several displays will be one from the State Police SWAT with an officer, as well as a display from the National Guard, and of course, Troop F is aware of the whole event. Mr. Covey noted any non-profit groups who may wish to have a display are most welcome to – just get in touch with him. Several of the non-profit groups were asked if they would like to provide food, but because they wouldn’t have people available, they declined, so the offer was made to the Jalbert family who would like to do so. Mr. Covey explained that the Chamber, in trying to make an “event” of the day, is also having a music group to lead up to the fireworks display. They are not doing a lot of advertising as basically it’s just for the Town, so they don’t expect a big crowd as in past years. Mr. Covey is confident the Chamber is well prepared and ready for July 5.

Evan Karpf noted he had been to the North Country Council meeting. He said no business had taken place and they went right on to water and its impact. Dr. Karpf also advised that they had clean-up day for the Town on May 23. There were about eight people who came and they cleaned up fifty bags of trash and two bags of aluminum cans. Dr. Karpf said though the number was down, they cleaned up a lot of trash and had their barbecue at the Karpfs’ afterward as planned.

Dr. Karpf also advised the Board that Chief Trammell had taken him, as Health Officer, to a house on Twin View Drive. Pipes had frozen and broken in the winter and though the water had been turned off by the Town, no work had been done. As a consequence, the house suffered major damage – some being that ceilings have fallen in and there is black mold from floor to ceiling all over. As a result, Dr. Karpf had to post to vacate, and he said that it cannot be occupied until work is done. He sent a certified letter to this effect to the homeowner.

Bill Dowling advised that Casella had not come to empty the dumpster when he called and he had to have his people clean it up. He said he was upset about this and sent a bill to Casella to cover the costs for his people, which he advised had been paid.

Mr. Dowling referred to an earlier meeting when the budget had been reviewed and there had been questions about the electric bill. He explained the construction was the high end of the bill and this was a cost which he has no control over. He went on to say that he tries to keep his bill at the $60-$80 range but some months go over when there is a lot of cardboard coming in that needs to be baled. Mr. Dowling also said that currently the plant in Bow burns coal and the Federal Government is making PSNH install equipment to assist in helping to clean the residue. Mr. Dowling cautioned the cost of this is very high and when this happens, the cost will be passed on to the consumer.

Leslie Bergum reported on HB452 which they have been working on for over a year. The Senate passed and adopted this with amendments and the House and Senate Committees concurred on it last week. All that’s left is for the Governor to sign it into law, which they expect will be done in July. Mrs. Bergum, who is a member of the Ammonoosuc River Local Advisory Committee along with Joan Karpf, thanked the Board and the Town for their support of the Upper Reach designation.

Joan Karpf requested clarification on sealing the minutes from non-public sessions. Mrs. Karpf handed copies of the RSA to the Board members as well as copies of definitions for phrases in the RSA. Mrs. Karpf read Part III of RSA 91-A:3. She pointed out that the Board has to have one of the three named reasons: affect adversely the reputation of personnel, pertains to terrorism; or matters relating to emergency functions; for sealing the minutes. Mrs. Karpf wanted to know which of the reasons the Board used and was told it had been requested and it was for adversely affecting personnel. Discussion followed regarding information about this and it was noted that there was another non-public session for personnel following that which Mrs. Karpf was in. Mrs. Karpf asked if the minutes pertaining to her session would be unsealed and was told they would not as the two personnel sessions were not separated and all the minutes were sealed. It was explained that had Mrs. Karpf asked at the time, the Selectmen would have gone out of non-public and back to public session, and then returned to non-public for the second issue. Mrs. Karpf said she did not know there was a second session and it was noted that a non-public session for personnel had already been set up when she requested one. We did not know it had to be noted two times on the agenda and it was stated that this is a learning experience, to which all agreed. Discussion continued as to sealing the minutes and the reason therefore. Selectman Mills went on to say that night should not have been handled that way. Mrs. Karpf should have brought her issue to the Board and she should not have been present at the non-public session. Mrs. Karpf reiterated that she is trying to follow this based on 91-A and feels this falls under the category of II. (a), which would be one of the three reasons previously noted, and she said she was confused which of three it falls under. Following the session at which Mrs. Karpf was present, still under non-public, another issue involving personnel was discussed, and at that time, it was requested that the minutes be sealed. Mrs. Karpf then said apparently that fell under one of the three reasons, which she was told it was, and then she asked if that statement would be in the minutes, which she was told it would be. It was clarified that two non-public sessions could be separated, but as this was not, and as the next part also included personnel, these minutes could not be changed in deference to that situation, as it was still a matter of reputation. It was further clarified that there is a difference between “public body” and “personnel” – that these are not the same people; and this does not refer to protecting the reputation of the government or Select Board, but of personnel in the Town. Selectman Mills reiterated that these were sealed because they were together. He stated if the other party were willing to have the minutes unsealed, he would agree to it.

Jim Covey wanted to update on the bike path that is on hold because of state funding. He was advised that as of June 1, funds should be available and the letter of intent must be in July 1. They are seeking $500,000 to do one phase. Mr. Covey said they’ve been told the rules have changed a bit and the municipality needs to be the main or lead sponsor, so he may come in with a letter of understanding that needs to be signed by the Selectmen.

As there was no further business, Chairman Hancock declared the meeting ended at 8:02 p.m. and moved to go into Non-Public Session for legal, personnel and legal. The Board was polled and went into Non-Public Session. Chairman Hancock moved to return to public session to discuss protocol. The Board should have listed the two non-public sessions separately and noted this will be done in the future. However, the minutes from the non-public session on May 18, will remain sealed due to the reputation of personnel. Selectman Moroney moved the Motion. Selectman Mills seconded and the Motion passed unanimously.

Selectman Moroney made a Motion to: Return to non-public session. Chairman Hancock seconded and the Motion passed unanimously.

At the close of Non-Public Session, Chairman Hancock moved to return to public session and seal the minutes from Non-Public Session. Selectman Mills seconded and the Motion passed unanimously.

There being no further discussion, Chairman Hancock made a Motion to: adjourn the meeting. Selectman Mills seconded and the Motion passed unanimously. Chairman Hancock declared the meeting ended at 9:57p.m.

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