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Minutes of 6/21/2022

June 28th, 2022

Carroll Board of Selectmen
Meeting Minutes
June 21, 2022

“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 Heather Brown, Secretary
Board Members: David Scalley, Ken Mills, Brian Mycko

Members of the Public: Imre Szauter, Mike Gooden, Bobbi Amirault, Judy Pappas, Chris Pappas, Jeff Duncan, Tadd Bailey, Greg Hogan, Robert Lemoureaux, James Lemoureaux, Joan Karpf

The meeting was called to order at 5:00 p.m. by Chairperson Scalley.

Pledge of Allegiance.

APPROVAL of 6/7/2022 SELECT BOARD MINUTES – Selectperson Mills motioned to approve 6/7/2022 Select Board minutes as written; Selectperson Mycko seconded. Discussion-none. All in favor: Mycko-AYE, Mills-AYE, Scalley-AYE.

APPROVAL & SIGNING OF MANIFESTS – The Board all confirmed they had signed.

EMPLOYEE MANUAL PROPOSED ADDENDUM (DISABILITY) – Chairperson Scalley explained that this proposed document was brought to the Board for discussion, as there is a potential new hire at the fire department. Jeff Duncan spoke on behalf of the draft document that was presented, noting it was a combination of approx. 2-3 other Towns who have a similar disability protection policy for Public Safety personnel, due to their physical requirements. Duncan highlighted that that it would be at no cost to the Town, it is a disability type pool, if public safety personnel did not use, they would not lose their time, as well as the option for the public safety personnel to buy back time with their disability check.

Selectperson Mills explained that he was approached about this months ago and told the departments to draft something up to present to the Board. Mills then read a message he received from his neighbor, Josh Robertson, who could not attend tonight, but wanted his voice to be heard on the topic:

"also Mr Selectmen. Lol I had planned to attend the meeting tonight however seems like I have been schedule to work during that time frame. I would like to voice support for Matt Hunt I believe he is just waiting on the approval of changes for disability prior to giving his current employer notice. Also like any other town public safety job finding qualified employee let alone retaining them is getting harder and hard to do. I believe this change to the disability he is looking for would beneficial to the town with getting him and retaining our current public safety employees. Based on his interview his intentions are to move to town when the house market returns to a “normal” and the available property. Just my .02 cents”


Mills also pointed out that there are logistics in this document that need to be worked out, as well as the accounting aspect and tracking.

Chairperson Scalley inquired about a couple sections of the proposed document in terms of Duncan’s statement of not costing the Town any money. Scalley noted that there were no decisions being made and only conversation at this point.

• Section 3 Individual Sick Leave Pool, #7: If the TOWN chooses to end this program, the TOWN will reimburse the employee the full value of the multiplied Pool time hours carried.

Scalley’s concern with this this item is that if another Select Board decides to end this, like what was done on the PTO time previously, they would have to be bought out, resulting in a cost to the taxpayers of Town. Duncan agreed and suggested that it could be amended, and is not intended to be a buyout, noting the biggest part of it, was there was one in there that did have a buyout, but that was pertaining to IF the person buys their time back and then doesn’t use it (section 3, #8).

• Section 3 Individual Sick Leave Pool, #8: In the event an employee is terminated, the TOWN will reimburse the value of the purchased hours, not the Pool time hours.

Scalley confirmed with Duncan that the purchased hours are at 1/3 of the value of the hours being allocated. Duncan confirmed. Scalley further confirmed that the Town would be paying the full amount back to the employee that they purchased. Duncan confirmed it would be the value it was purchased, only returning the money that they purchased at 1/3 the value.

Chairperson Scalley explained that the last full revision to the employee manual took years. Duncan acknowledged and indicated that it does not need to go to that, noting that if they can put coverage in and limit the liability of the Town towards it.

Discussion regarding NH Retirement and disability. Duncan confirmed that once the public safety employee gets disability, the time clock starts, however if they use their pool time hours, it would allow the employee to use those as opposed to disability and still contribute to NH Retirement. Duncan explained that if they are on disability, they are not paying into NH Retirement. Discussion regarding paying directly into NH Retirement vs. putting a policy together. Duncan explained that this draft document is suggesting to pay the employees retirement and acknowledged that this is a complicated piece of paperwork and is open to suggestions to make it simpler, but noted this was the easiest way to do it based on what currently exists.

Scalley asked what happens if the employee gets injured and they do not have enough pool time to carry them through their disability? Duncan responded that the thought was to make it pool time or individual, noting these are things that can be discussed. Discussion regarding pool time vs. individual time, noting that the employee wages are all different and would cause a calculation issue. Duncan acknowledged and understands that there are things that need to be figured out. Selectperson Mycko explained that his work tried doing something similar with a pool and it did not work out because everyone’s wages were different, so the company did away with it because of the calculation issues.

Tadd Bailey suggested if there was some other way to come up with something that if they are out on disability the retirement side of it being picked up. Scalley explained that when the sick time was put together, it was 120 hours, because that was when the disability kicked in and then the Town got a new disability program that kicks in after 80 hours, noting that is why it is suggested to save your sick time, in the event something happens, that way the employee can collect sick time before disability. Discussion regarding if disability is considered part of the payroll and can be contributed to the retirement fund.

Duncan confirmed that that the new potential hire (for the 2nd Fire Fighter position) was involved with the creation of this document. Chief Bailey explained that there are different incentives at other Towns, referencing a bordering Town offering a monetary bonus for maintain their employee maintaining their physical requirements, noting Carroll does not have any of those things. Scalley confirmed that the Town does not have that type of incentive in place, but did note that the Town gives 16 hours of personal time to the employee, which the Town referenced does not have.

Scalley is concerned with the cost to the tax payers and logistics of accounting and tracking. Duncan explained that the employee would be buying it at a third of the rate, as well as giving the Town their disability check (which is 2/3 of their pay). Duncan gave an example: if the employee makes $1,000, they would get $667 on disability. Scalley questioned what would happen if the employee did not give the Town the check, since the disability check goes to the employee. Duncan explained that the Town would control the employee’s check and that it would be understood that the employee would have to give the check to Town. Duncan also explained that the verbiage could be changed.

Duncan explained that what they all want, including the potential new hire, is something like this. Duncan also explained that the goal is to not have the lack of NH Retirement and the clock starting on disability.

Selectperson Mycko questioned the legality of what the document is proposing. Duncan explained that they took policies from other Towns that already exist. Mycko elaborated in terms of the Town paying into NH Retirement when someone is on disability. Selectperson Mills also indicated that it is a clarification he also had, noting he does not know enough about NH Retirement. Mills further questioned if there is a status change that occurs with NH Retirement, by way of the employee’s status changing from working to disability. Duncan confirmed that once the employee accepts disability, the employee’s status changes. Discussion regarding status change. Scalley explained that the Town would pay the employee their full 40 hours of weekly pay, using up all their vacation, sick, and personal time, until they are exhausted, then after that the Town is going to continue to pay, because once the employee goes on disability, that is when the clock starts. Duncan explained that this is not a forever lasting policy. Mills highlighted his own personal experience that’s spanned over about year and a half, as well as past incidents. Duncan explained that the concern is that once they going on disability, they stand the fear of being terminated.

Scalley further reiterated that there is a cost to the town, and questioned buying them at 1/3, but using them as a whole. Duncan explained that the employee would buy back at 1/3 and the disability check for be for the other 2/3, which would reimburse the Town. Selectperson Mycko questioned that if the employee is on disability because they filed the paperwork, wouldn’t that trigger a status change with NH Retirement? Duncan stated that he could not answer that, but does not believe so.

Duncan explained that the purpose of this was to get the ball rolling and something started for an insurance disability policy. Discussion regarding AFLAC. The Board all agreed that they had questions that needed additional information. Duncan confirmed that he would find out if the Town and/or employee can or cannot contribute to retirement if on disability, as well as what triggers a status change if the employee is collecting disability. Mills also asked Duncan to reach out to the Towns that he got the information from when creating this document to get more information and back story to how the specific Town came up with their policy.
Discussion regarding the last change to the employee manual taking 3-6 months and prior to that it was over a year and half. Discussion regarding the open position of the 2nd Fire Fighter position being vacant for 15 months.

Scalley suggested that this document they were presented with does not read well and needs to be looked at, as well as condensed from three pages to one and be simplified. Duncan agreed and acknowledged and also confirmed that it currently reads as legal document that does not read well, further explaining that this document was created to explain his end goal, but how to get to that point, that is what the dialog is needed for.

Mills feels it is important for first responders because of their physical circumstances that they work under. Scalley acknowledged and does not disagree, but also pointed out the highway and water department and potential situations arising for them on the job. Duncan stated that he is not saying that there should not be something in place for everybody, but the origination point of this is on public safety because of the physical requirements, disability and NHRS. Discussion regarding requirements for highway and water departments with NHRS.

***A copy of the draft Public Safety Employee Disability Protection Addendum is attached***

WATER WARRANT (CARLSON-CUNNINGHAM, GILMAN, GNERRE, VENUTI, 105 TWIN VIEW DRIVE LLC) – The Board reviewed the water warrant. Selectperson Mycko made a motion to approve and sign the water warrant. The motion was seconded by Selectperson Mills. Discussion-none. All in favor: Mycko-AYE, Mills-AYE, Scalley-AYE.

PROPERTY TAX ABATEMENT (THOMPSON, MEEHAN, LABONTE, JANCAITIS, BROOKS) – The Board reviewed the property tax abatement. Selectperson Mycko made a motion to approve and sign the property tax abatement. The motion was seconded by Selectperson Mills. Discussion-none. All in favor: Mycko-AYE, Mills-AYE, Scalley-AYE.

TIMBER YIELD TAX WARRANT (DODGE FAMILY; 408-012-000-000) – The Board reviewed the timber yield tax warrant. Selectperson Mycko made a motion to approve and sign the timber yield tax warrant. The motion was seconded by Selectperson Mills. Discussion-none. All in favor: Mycko-AYE, Mills-AYE, Scalley-AYE.

PRIMEX CAP AGREEMENT (WORKERS’ COMP) – The Board reviewed the agreement. Selectperson Mycko made a motion to approve and sign the Primex CAP agreement for Workers’ Comp. The motion was seconded by Selectperson Mills. Discussion-none. All in favor: Mycko-AYE, Mills-AYE, Scalley-AYE.

PRIMEX CAP AGREEMENT (PROPERTY & LIABILITY) – The Board reviewed the agreement. Selectperson Mycko made a motion to approve and sign the Primex CAP agreement for Property and Liability. The motion was seconded by Selectperson Mills. Discussion-none. All in favor: Mycko-AYE, Mills-AYE, Scalley-AYE.

TOWN BEACH “NO PARKING” SIGN FADED/WORN – Greg Hogan informed the Board that he was working on the issue.

INTENET TO CUT (RAMSEY; 205-043-000-000) – The Board reviewed the intent to cut. Selectperson Mycko made a motion to approve and sign the intent to cut. The motion was seconded by Selectperson Mills. Discussion-none. All in favor: Mycko-AYE, Mills-AYE, Scalley-AYE.

DRIVEWAY PERMIT (McGINTY; 418-061-000-016) – The Board reviewed the driveway permit. Selectperson Mycko made a motion to approve and sign the driveway permit. The motion was seconded by Selectperson Mills. Discussion-none. All in favor: Mycko-AYE, Mills-AYE, Scalley-AYE.

SIGN PERMIT (TRANSFORMATION HEALTH/COPPER POT BISTRO) – The Board reviewed the sign permit. Selectperson Mycko made a motion to approve and sign the sign permit. The motion was seconded by Selectperson Mills. Discussion-Bobbi Amirault asked where the business was located. The Board explained that it was at the end of Little River Road where the Twin View Plaza is. All in favor: Mycko-AYE, Mills-AYE, Scalley-AYE.


FOLLOW-UP:

SCHOOL WITHDRAWAL –Chris Pappas announced that there is a meeting next Wednesday (6/29) at 6:00 p.m.

250th ANNIVERSARY UPDATE – Bobbi Amirault wanted to thank David Scalley for letting them set up over at the old fire station last weekend. Greg Hogan wanted to thank Phil Bell for helping hang the banners and the use of his bucket truck. The Board thank everyone that is helping with the 250th.

DRIVEWAY PERMITS / ASPHALT APRONS (SCALLEY) – Chairperson Scalley explained that he has the information to add to the driveway permit, however needs to make space for the addition in the current driveway permit. Scalley confirmed that he would have for the next meeting.

OTHER:

TOWN OFFICES CLOSED THURSDAY JUNE 23rd 9:00AM-NOON for a workshop – The Board confirmed and reminded that the doors to Town Hall would be locked and normal business would resume after the workshop.

SUMMER REC PROGRAM – Chairperson Scalley explained that the Rec. Director reached out and informed the Board that there would be no summer program this year because there was no one interested in running the program. Selectperson Mycko confirmed that he would be attending the next Rec. Meeting as the Select Board Rep.

OTHER CONTINUED:

Selectperson Mycko explained that there is trespassing going on at the Motel (Naturally NH). Chief Bailey confirmed that he is aware, because he was also contacted. The Chief also pointed out that the property is not marked well with signage and there are windows broken, etc. and expressed a safety concern. The Chief also confirmed that the Police Dept. is patrolling. Discussion regarding sending a letter to the owner notifying him of the issue, the Board all agreed that a letter be drafted and sent to the owner.

Selectperson Mills explained that he spoke with Ed Stanley today regarding Maple Drive and Ridgeview and the concern with snow plowing and catching the pavement. Brief discussion followed.

Greg Hogan updated the Board on the status of the Birch Road water project, noting that it is on schedule and going very well.

Jeff Duncan inquired about the Juneteenth holiday and if the Select Board had anymore thought on adopting the holiday, as it was brought up last year before it was a holiday. Duncan pointed out it is a federal holiday. The Board indicated that they had not discussed and further discussion ensued about if other towns were observing the holiday, noting some Towns are and some are not.

Joan Karpf expressed thanks for not mowing at the Town Hall and Public Safety grounds and allowing the clover, etc. to grow to support pollination.

Joan Karpf inquired about the paving of Airport Road and the process, as it was listed as “reclaim”. Brief discussion regarding the grade of the road and confirming that it is on the list of roads to be paved that was voted on, noting the road is being reclaimed and will have new asphalt laid and gravel on the shoulders to help protect the road. Karpf further questioned the current grade of Airport Road, noting that at the bottom, in the winter it is steep making it a hazard and asking if it would be taken into consideration to be fixed. The Board confirmed that it has not been taken into consideration and what is being done is exactly what was stated, the road is being re-grinded (reclaimed) and then new asphalt will be laid down, noting the road is existing and to encumber fixing the grade would be a huge expense. The Board confirmed there are requirements the grade of a road, however when that road was put in there was not, as well as some other roads in Town. Karpf stated that she does not believe the Town put Airport Road because she knows some of the history behind it.

Joan Karpf inquired about where hers and her neighbors waterpipes that goes to their homes are located, noting she believes they go through the Naturally NH property (and not up the side of the road) and her concern is that there is vegetation growing, the property is abandoned and she is wondering if her waterlines will be affected by the trees and roots growing up through. Karpf wanted to address this, because Birch Road had their waterlines done before paving, which is going on now. Discussion regarding Birch Road and how it was decided to fix the waterline. The Board explained that the waterlines (main line) being replaced is the Towns and not individual property owners, as well as the services freezing in the past and the reasoning for the project to be a warrant article and voted on this past year, so the main line could be fixed before paving. Karpf confirmed that she is not sure where her water line (service line) is and is only going by what she has been told. Discussion regarding difference between personal property water lines (service lines) and the Town’s water line (main line). Chairperson Scalley explained it is unknown where the homeowners put their service line that connects to the curb stop.

Karpf is asking that because they are paving Airport Road and if they can consider putting in a new water pipe (service line) before they pave. Chairperson Scalley clarified that on Birch Road it was the Town’s water main and a hydrant that was done. Discussion regarding service line vs. the Town’s water main and further confirmed that the service lines to individual properties are not the Town’s, they are the responsibility of the resident, as a contractor put them in when the house was being built. Karpf acknowledged. Karpf is concerned that her water line (service line) goes through Naturally NH’s property and there is no way to access it. Discussion regarding Karpf’s service line. Greg Hogan believes Karpf’s service line goes up the side of the road, however Karpf stated that she has been told otherwise and that there is no map of her property available. The Board explained that if Karpf wanted a new service line to her home, she would have to go from the Town’s curb stop (which is down by Route 3) to put it in. Karpf acknowledged. Discussion regarding easements. The Board reiterated several times that any service line that comes off a curb stop to a residence is the resident’s responsibility and from the curb stop to the main is the Town’s responsibility; Greg Hogan also confirmed.

The next Select Board meeting is July 5th, 2022 at 5:00 p.m.

At 6:13 p.m., Selectperson Mycko made a motion to go into non-public session per RSA 91-A:3 II. The motion was seconded by Selectperson Mills and polled; Mycko-AYE, Mills-AYE, Scalley-AYE.

At 7;01 p.m. Chairperson Scalley made a motion to return to public session and seal the minutes. The motion was seconded by Selectperson Mills and polled; Mycko-AYE, Mills-AYE, Scalley-AYE. The motion passed unanimously.

Chairperson Scalley made a motion to adjourn the meeting. Selectperson Mills seconded. Mycko-AYE, Mills-AYE, Scalley-AYE; and the motion passed unanimously. Chairperson Scalley declared the meeting ended at 7:01 p.m.

ATTACHMENT:
2022-06-21_(DRAFT) ToC Public Safety Employee Disability Protection Addendum