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Minutes of 5/24/2010

May 27th, 2010

Carroll Board of Selectmen
Meeting Minutes
May 24, 2010

"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 H. Quigley

Board members present: Chris Hancock, Bonnie Moroney and Mark Catalano.

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

Members of the public present: Ron Cote, Roberta McGee, Bill Dowling, Linda Dowling, Ike Ikasalo, Frank Maturo, Mike Gooden, Tom Gately, Carmine Fabrizio, Kathy Donegan, Leslie Bergum, Herb McGee, Chuck Jellison, Tyler Phillips, Ernie Temple, Scott Sonia, Bill Smalley, Donna Foster, Ben Jellison, Lori Hogan, Joan Karpf, Evan Karpf, Chris Jones, Nancy Mitiguy, Laura Spector, Walter Mitchell, John Birknes, Charlie Cohn

Pledge of Allegiance

Chairman Hancock read the following statement: “This meeting is being taped by a private citizen. It is not done under the auspices of the town and is not an official record of the town.”

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

Chairman Hancock made a Motion to: Accept the minutes for May 17, 2010, as written. Selectman Moroney seconded and the Motion was approved unanimously.

Ron Cote from the Department of Revenue Administration came to call to the Board’s attention that the 2009 Equalization Statistics indicate that guidelines have not been met. Mr. Cote explained the meaning and acceptable ranges of the various measures that are used by discussing the report statistics with the individual categories. There were areas that indicate inequity between taxpayers in the same category and while some assessments are high there is also an indicator that shows higher valued properties are under assessed compared to lower valued properties. Mr. Cote recommended that the Select Board meet with the assessors to discuss the reasoning. Mr. Cote thanked the Board for their time when he completed his summary.

Tyler Phillips spoke about the project of replacing the bridge/culvert over Tuttle Brook on the land near the recreation area. He advised that the project seemed to have been put on the “short list” of grants to be awarded. However, the state would like reassurance that if this project does receive a grant and the work gets done, the town will restrict certain activities along the brook that would be contradictory to its use. Therefore, they are seeking a buffer area in which clear cutting, development/structures, and excavation would be prohibited. Current uses of the area such as hiking, existing snowmobile trails would not be affected by the restriction. The amount of buffer area was discussed and it was noted that some of the land is already within a protected area, such as the well heads. It was also discussed that the land was given to the town for recreational purposes only which would automatically restrict certain uses anyway. Mr. Phillips explained the state had given very little time in which to develop a plan, as he only found out last week that it was needed, and the date for filing is tomorrow, May 25. He said if he could submit a letter that shows the town’s willingness to provide a buffer, he believes it would be enough at this point. Town Attorney, Laura Spector, drafted a letter (attached) for the Selectmen to use based on their discussion at this meeting. Following the reading of it by Chairman Hancock, the Board discussed the width of the buffer and agreed based on the information that 100 feet on both sides of the brook would be in order. This will most likely be done by adding an amendment to the existing deed and Mr. Phillips said they will be happy to work with the town on this and there wouldn’t be a cost for the town to bear. Chairman Hancock made a Motion to: Sign the letter to move forward on the bridge project with the knowledge that the buffer area needs to be added to the deed. Selectman Moroney seconded and the motion passed unanimously.

The following items were approved and signed:

Letter to Liquor Commission – Shakespeare’s’ Inn
Property Tax Abatement – Twin Mountain Family Limited
Property Tax Abatements, 2009, 2010 Liens – McGee, Jr. (due to an error), Unknown
Yield Tax Warrant – Bayroot, LLC
Water Abatement – Grand Majestic King Pine, Gorbich, Benson
Water Warrant – Gilman
Current Use Warrant – Dewhurst
Recreation Area Use Permit Application – Littleton Home Depot

Brief discussion regarding the outdoor entertainment at Shakespeare’s’ took place. It was noted that it would be guitar music as opposed to a larger band and that it is anticipated that outdoor
activities will be curtailed by darkness, so neither time nor noise should be of concern. It was recommended by the Board that they monitor these to avoid issues.

Under Other, Lori Hogan advised that the basketball court at the Rec Area has been done professionally. She said it looks wonderful and thanked the town for getting it done. Mrs. Hogan urged people to go up and look at it!

Scott Sonia, Water Department Superintendent, advised the previous Friday a trailer truck carrying a modular building pulled all the wires off one of the poles on Route 115. It happened that he was doing leak detection in the area and when the heard the commotion start, he ran and got out of the way just before these came crashing down. Fortunately he was all right, but a result of the incident was that several transmitters for the water tanks were burned out. Mr. Sonia operated them manually until they could be by-passed. When the new controls are in the repair will be made and everything will be submitted to the truck company for insurance purposes and reimbursement.

The Board then announced the town and the AMC had finally reached an agreement regarding taxes after several years. It is actually a PILOT (payment in lieu of taxes) agreement, which they had prior to its expiration in 2007. They will pay the town $22,500 from 2007 through 2016. At that time and every five years after the PILOT will be recalculated based on the fair market value. The Consent Decree which Chairman Hancock read is attached. This was the best deal that could have been orchestrated for the town without going to court and costing a lot of money – and going to court means possibly running the risk of losing. Chairman Hancock said we had very good legal counsel. It was noted that we could expect payment by the middle of the following week and if it is not received that we are to notify our attorney.

Selectman Moroney spoke of the Board going to their summer schedule of meeting every other week which all agreed with. Therefore, Selectman Moroney made a Motion to: Start the summer schedule by not meeting on Monday, June 21. This will accommodate the week of not having a meeting for the Fourth of July holiday as well. Chairman Hancock seconded and the motion passed unanimously.

Selectman Moroney also reminded everyone about the Memorial Day Parade on Monday, May 31, at 11 o’clock starting at the Fire Station. Following the Parade there will be a barbecue at the Station for everyone.

As there was no further business, Chairman Hancock moved to go into a meeting with Legal Counsel and the Planning Board and Zoning Board 7:53 p.m. The Board was polled and went into legal consultation

At the close of legal consultation, Chairman Hancock moved to return to Public Session and seal the minutes. Selectman Moroney seconded and the Motion passed unanimously. Attorney Mitchell said minutes of legal consultation are not taken and so any taken should be destroyed, thus there were no minutes to seal.

There being no further business, Chairman Hancock made a motion to adjourn the meeting. Selectman Moroney seconded and the motion passed unanimously. Chairman Hancock declared the meeting ended at 9:33 p.m. The next meeting will be Monday, June 7, 2010.