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Minutes of 3/14/2011

March 17th, 2011

Carroll Board of Selectmen
Meeting Minutes
March 14, 2011

"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: Bonnie Moroney, Mark Catalano

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

Members of the public present: Leslie Bergum, Erik Bergum, Evan Karpf, Robert McGee, Bill Dowling, Linda Dowling, Frank Maturo, Al Strasser, Ann Fabrizio, Carmine Fabrizio, Mike Gooden, Richard Gould, Bill Smalley, Bob Stalaboin, John Trammell, Scott Sonia, Jeremy Oleson, Ben Jellison, Jack Catalano, Donna Foster, Merriam O’Neal

Pledge of Allegiance

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

Chairman Moroney made a Motion to: Accept the minutes for February 28, 2011. Selectman Catalano seconded and the Motion passed unanimously.

Chairman Moroney read Bill Dowling’s letter reducing his hours at the Transfer Station from fulltime to part time, or 34 hours, as agreed when he was originally hired in 2004. Chairman Moroney also read the letter of his hiring in November, 2004, which stated 32 hours. Discussion took place that Mr. Dowling has to reduce his hours as he cannot work fulltime and be a Selectman in the town, a post to which he was elected the week before. Chairman Moroney was concerned that because a position may be considered fulltime at 35 hours, that 34 hours is too close and therefore would not allow for extra time as may be needed. Selectman Catalano said that Mr. Dowling had stated at the previous meeting that if he worked 35 hours or more hours one week, he would take them off the next, but that is not legal and therefore cannot happen. Chairman Moroney asked Mr. Dowling if he decided he did not want to work anymore, if a new person could come in and run the Transfer Station on a part time basis and he said yes. Further discussion took place about Mr. Dowling becoming ineligible for benefits, when he is no longer a fulltime employee. Selectman Catalano questioned how and when that happened and was assured that it is an RSA, State Statute, that says a Selectman cannot be employed fulltime in the town in which he works and Town policy states that only fulltime employees are eligible for benefits – both of which Mr. Dowling was aware when he chose to run for the Selectman position. There was further discussion about possible accruals of vacation and sick time for paying out at the end of full time employment. Selectman Catalano was unaware that the employee manual/handbook might have limits and that Mr. Dowling may not be paid for all of accrued time. Selectman Catalano questioned that Mr. Dowling should lose all of his benefits and some possible accruals because he stepped up to become a Selectman. These are being looked into before final payment is made. Selectman Catalano asked if the hours to work were agreed upon would there be any reason why Mr. Dowling could not then be sworn in as the town’s new Selectman and Chairman Moroney replied that she did not know of any. Selectman Catalano then made a Motion to: Reduce Bill Dowling’s hours of employment to 34 hours per week with no benefits and with accruals to be determined after review. Chairman Moroney seconded and the Motion passed.

Mr. Dowling was then sworn into office by Moderator, Ben Jellison, and he took his seat at the table.

The following items were approved and signed:

Oaths of Office for: J. Connell, L. Dowling, W. Vecchio, J. Foster, S. Kraabel (Treasurer and
Budget Committee), E. Martin, K. Moran, W. Dowling, J. Karpf, J. Gardiner

Chairman Moroney announced that the Bake Sale held on voting day raised $364 for the Town Food Pantry. Mrs. Moroney thanked all those who worked on the sale, made and donated food, bought food or donated money. It’s a very good cause and she thought it was wonderful that everyone was so willing to help their less fortunate neighbors.

Letter of Engagement for Melanson Heath & Co, PC for the 2010 Audit was next. Chairman Moroney made a Motion to: Sign the letter. Selectman Catalano asked about who would work on the audit, if we have the individual resumes, what the breakdown of the cost is, and said he would like to see all of this before this is signed. It was explained this company did the 2008 audit, has just about completed the 2009 audit, and has started on the 2010. We had to change firms as the previous auditor, Karen Carew, gave up auditing municipalities because of all the requirements and classes for doing them. It was further explained they were interview before they were hired and they are more than good about helping with any questions and problems we may encounter. Selectman Catalano made a Motion to: Table the matter until he has a chance to look into qualifications, etc. Chairman Moroney seconded and the Motion passed.

Chairman Moroney advised that Town Counsel has been working with and in communication with, Mr. Jack Catalano and they have come to an agreement over Mr. Catalano’s property tax matter. She read an email from Attorney Mitchell advising the settlement and that the Selectmen needed to confirm it with a vote: The assessment will be reduced by $209,360 to an assessment of $970,000, and that this assessment level will apply for the tax years 2008, 2009 and 2010. Mr. Dowling said he needed to see documentation of the matter which Chairman Moroney requested that the Secretary make available to him. Therefore, Chairman Moroney made a Motion to: Table the Catalano tax matter until the next meeting. Selectman Dowling seconded and the Motion passed. Selectman Catalano abstained as the property owner is a relative.
The Board reviewed the Warrant Articles (see attached) from voting day with Chairman Moroney reading the article number and the final result as follows: #2, did not pass; #’s 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, all passed; #19, did not pass; 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, all passed; 33 required 2/3, passed with 252 to 78; 34, 35, passed; 36, did not pass.

Under Other

Chairman Moroney reminded Mr. Dowling that he will no longer be allowed to serve on the ZBA, now that he is a Selectman. She said a new regular member will be appointed for a one year term.

Next was a sign permit from Robert Stalaboin. The permit was also signed by the land owner, Donna Foster. The Secretary advised this was just turned in, thus it has not been approved by the Road Agent or Police Chief. She asked in the interest of time, if the Board agreed to the permit, if they could sign it on the condition that it will be approved and signed by the mentioned Road Agent and Police Chief. After brief discussion, the Board chose to accept this. It was noted there will not be any lighting. Chairman Moroney made a Motion to: Sign the permit pending approval of the Road Agent and Police Chief. Selectman Catalano seconded and the Motion passed unanimously.

There was brief discussion of meeting every other week to help with burn out and labor costs among other things. Selectman Dowling thought it would be fine as long as correspondence or anything to come before the Board is available in a folder for the public to view, which would fulfill the RSA 91, Right-to-Know law. Selectman Catalano wanted to be sure the public’s rights will not infringed. It was noted this has been done during the last two summers and worked fine and that special meetings could be called if necessary. Chairman Moroney made a Motion to: have meetings every other week. Selectman Dowling seconded and the Motion passed unanimously.

Chairman Moroney spoke of having discussed at a previous meeting, and then made a Motion to: Make Mark Catalano Chairman. Selectman Dowling seconded and the Motion passed unanimously.

Ben Jellison asked what being Chairman meant. Mrs. Moroney answered that when one signature is required, the Chairman signs; the Chairman runs the meetings; and the Chairman has some responsibilities that the other Selectmen do not have. Mr. Jellison clarified that the Chairman does not have greater authority, which Chairman Moroney said is right.

Mr. Jellison said he wanted to go on record and thank everyone for voting. He said for a local election, we had a very good turnout and he thought it was wonderful. He also thanked all the workers for good jobs they did that day.

Evan Karpf announced he would be doing NH Clean Up day this year on a weekend before Memorial Day. He said in the past he has paid for the food after the clean up, and the Snowmobile Club has previously offered, so he will approach them this year.

Dr. Karpf also said he has been attending meetings for emergency management with Amy Holmes, the State rep. Ms. Holmes is planning to do presentations to the towns and as she has so many, Dr. Karpf said he volunteered to make the one to the Town of Carroll. He said it would be about a half hour and he asked for a date from the Board so he can prepare. He was asked if Heidi Lawton wasn’t doing emergency management anymore and he said she was that this was something different.

Selectman Moroney said she was planning the newsletter for April and suggested Dr. Karpf and others send information if they wish.

Al Strasser said at the deliberative session for the last two years, the voters were told they could not amend the budget line items. He said he called Don Borror at DRA who answered yes and he read some of Mr. Borror’s response and stated the RSA pertaining. Mr. Strasser said Town Counsel was sitting at the table and did not say anything and he thought the town should look at getting another legal company.

Ben Jellison said what Mr. Strasser said contained misinformation and that the voters can, in fact, change any line item but that it is non-binding. The RSA refers to the budget attached to the warrant, which for the Town of Carroll is the MS-7. Anyone may talk about the budget worksheet that the Budget Committee uses, but he repeated it is not binding. Changes would be in a category on the MS-7, such as when the $4,000 was added to the Police Budget – it went to the total line, not a specific one. Mr. Strasser read again from the RSAs and Mr. Jellison reiterated that the budget worksheet is NOT the official budget. He read Town Counsel’s response that any change would be advisory only and only the Selectmen have the authority to move money. The Official Budget is that which is posted with the warrant, and ours is the MS-7. Selectmen Catalano and Dowling asked Mr. Jellison for a copy of Town Counsel’s email.

Selectman Catalano said he was sure everyone’s been watching what’s going on in Japan and urged all to have a good thought and remember how fortunate we are, in view of all the nitpicking that has been going on here.

Chairman Moroney announced that Mr. Carlson had recently passed away. The Carlsons moved here in 1972 and Mr. Carlson was active in the town, including having been a Selectman. Mrs. Carlson still lives here with their daughter and family.

There being no further discussion, Chairman Moroney made a Motion to: adjourn the meeting. Selectman Catalano seconded and the Motion passed unanimously. Chairman Moroney declared the meeting ended at 8:29 p.m. The next meeting will be Monday, March 28, 2011.