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Minutes of 4/26/2022

April 29th, 2022

Carroll Board of Selectmen
Meeting Minutes
April 26, 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, and Robert Gauthier

Members of the Public: Vern Amirault, Bobbi Amirault, Rena Vecchio, Brian Mycko, Bonnie Moroney, James Murphy, Paula Murphy, Butch Garneau, Karen Moran, Sue Kraabel, Paul Hayes

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

Pledge of Allegiance.

SELECT BOARD VACANCY 5/9/2022 – Chairperson Scalley explained that with Selectperson Gauthier moving on, he would like to discuss with the Board, how the Board wants to move forward to advertise the upcoming vacant position. Scalley further explained that the Secretary prepared a document and sent to the Selectmen late today, noting it was something similar to what another Town had done in a similar situation. Chairperson Scalley indicated that he would like to review with the Board and update with any additions or deletions and then send to legal for a final review.

Chairperson Scalley reviewed the draft ad, as presented. A copy of the of draft ad is attached to these minutes.
Board discussions regarding the changes to the draft ad, including the deliberations being done at a public meeting, and the appointment only being until the March 2023 election (approx. 10 months), as the position would go on the ballot for the remaining two years.

The Board reviewed and all agreed to the following changes:
• Removing the need to supply a resume.
• May 10th, 2022 at 3:00 p.m. would be the date that submissions are due.
• Change question #3 to read “Discuss why you would like to serve as a Select Board member.”
• April 29th, 2022 would be the date that the ad would be posted on the website and bulletin board at the Town Hall. The ad will also appear in the 5/4/22 issue of the Coos County Democrat.
• Not to send the finalized ad to legal for review prior to posting because what was used is something that that another Town advertised, and they most likely already got approved by their legal and it would also save the Town in legal fees. Chairperson Scalley explained that he wanted to run by legal to make sure they were complying with RSA 669:63, but also believes in saving the Town money as well.

The Board confirmed that they would be receiving the letters of interest on May 10th at which point they would read the applicants names that night and would then deliberate on May 17th.

Chairperson Scalley asked the public if there were any questions.

Paula Murphy expressed concern with the SAU withdrawal, noting that Gauthier is currently the representative and the next meeting is on May 11th and a Select Board member needs to be present. Chairperson Scalley responded that they would discuss as a Board and come up with a solution.

Bonnie Moroney stated that since there were two people that ran for the position, she is curious as to why the Board is going through all of this vs. when Rob steps down, that the other person that was within five votes, didn’t get offered the position. Chairperson Scalley (speaking for himself), feels that this is the most transparent way to get it out to the people in Town, noting that the other person did not win the position and if someone else is interested, as well as this being suggested to be done this way by legal, for the best interest of the Town, to be transparent for all.

Bonnie Moroney asked that if Rob had known he got the job a week before he gave his oath on the 15th, then that position would have automatically gone to the second person at the election. Selectperson Mills asked if there was a citation in reference to that because he likes to see the RSA’s regarding the process and in his research, he has not come across that; Moroney responded that she would find one, and further explained that if there were two people on the ballot and one stepped down, there would only be one available. Selectperson Mills asked Moroney if what she stated was hypothetical and Moroney confirmed it was hypothetical. Selectperson Mills explained that the meaning of “if” vs. where they “are” now and right now there was an election, Rob applied for an employment position, interviewed, won the job, and has now submitted his resignation, further noting that is where we “are” and the remaining Board members need to make an appointment, acknowledging that he understands Moroney’s point. Selectperson Mills explained that he agrees with Chairperson Scalley in terms of transparency, noting that if there is someone else out there that is interested to come forward, but in fairness to the entirety of the residents of the Town, this process was done by another Town and was suggested by NHMA legal, and all considerations with coming up with this and deliberating tonight to move forward, are in the best interest of the Town. Mills explained that people are going to have different opinions, but the Board needs to make the best decisions they can with the information they have.

Rena Vecchio explained that she believes that Moroney is asking for clarification.

Butch Garneau asked if this process is required by law. Chairperson Scalley responded that it is not, and the Board could pick anyone right now. Garneau further explained that the other person lost by five votes and was a Selectman before and asked why they could not revert to taking him instead of going through this process as well as money being spent on this. Selectperson Mills responded that there was no sense of urgency, as Gauthier’s resignation is not taking effect until May 9th, so there is still a full Board until then, the 10th the letters of interest would be opened and the 17th they would deliberate. Mills responded to the expense of money, it was a question if it was/was not necessary, noting that putting in the newspaper for the week, in addition to the website and other postings, this would embrace the entire community in order to fill an appointment that has opened up.

Discussion regarding Gauthier’s status and residency. It was confirmed that Gauthier is still a Selectman until May 9th, at which point he would no longer be a resident of Twin.

Butch Garneau asked the Board that if they had something really important come up and there were only two Selectmen and their votes were split what would happen. Selectperson Mills explained that is a hypothetical and Chairperson Scalley stated that in his nine years there has been one emergency meeting that he remembers and it was when Bonnie Moroney was on the Board. Garneau expressed concern that there has to be a majority. Chairperson Scalley explained that between the 9th and 17th they would be working on it. Garneau further explained that it sounds like a simple way to do it, seeing’s that the person still wants it and he was capable before of handling the job.

Rena Vecchio suggested that the ad be put on the Town’s Facebook page because it is excellent advertising and reaches the younger residents. Selectperson Mills explained that he is stressing that the appointment is only for approx. 10 months, not the full three years. Selectperson Mills wanted to also make clear, that this has nothing to do with Brian Mycko, personally, noting that Brian did serve before, but the Board deliberated and this is what they have come up with, predicated by the research that has been done, and nothing about this is personal, it is meant to be open and transparent, and open to the entire community to whoever might be interested.

Brian Mycko explained that it was his understanding that the vacancy is for the term, not 9-10 months, as he was told that by the State. The Board confirmed that is incorrect and it is in the RSAs and the vacancy is filled until the next election in 2023.

Butch Garneau asked that if the Board is expecting more names, how come there were not more names at the election this year. Selectperson Mills responded that it was for a three-year term at election. Chairperson Scalley stated that there were two candidates running, one won by five votes, the people that voted for the candidate that won by five votes are happy, now he is resigning, so the people that didn’t vote, the five people, we are trying to be transparent to say that we are opening up to everybody. Scalley further noted that if it’s only one person that bring in the letter of interest, then it’s only one person, but if we don’t do this process, why are we picking Butch to do it? Garneau responded that he could see that point. Scalley further explained that the Board was trying to better transparent for everybody.

Selectperson Mills cited RSA 669:61 and read from (I): “Unless otherwise provided, at said next annual town election, the voters of the town shall then elect an officer for the full term provided by law or the balance of an unexpired term provided by law, as the case may be”. Mills further explained that the appointment would be for the next 10 months and then the position would go on the ballot at the next election (2023) for the remaining two-year term.

Butch Garneau stated that he thinks that the difference between the votes with the ending would have been a lot different, a lot larger, that way, where they were so close and there was nobody else that wrote in, as he understands. Chairperson Scalley confirmed that there was one write in, Mickey Mouse. Garneau feels that is it cut and dry, but the Board is going to go through a process that costs money. The Board confirmed it would cost about $100 to advertise in the paper. Chairperson Scalley further explained that for the transparency for the people of the Town, he believes this is the best way, for anyone that has not been to all of the meetings and the controversy the Board faces a lot of times, he thinks the transparency of the Board for the Townspeople is the way to go. Garneau acknowledged and sees Scalley’s point, further noting that people say things behind your back and not to your face.

Selectperson Mills wanted to express that he would really appreciate anyone coming to him to ask a question, noting all the Board members are approachable, and further noting that it doesn’t have to be “I think, I thought, I was told, I heard”, and he would be more than happy to do the research if he does not know the answer. Garneau responded that his questions were answered, is this required by law, and that the Board could pick Mycko tonight if they wanted to.

Selectperson Gauthier referenced a quote that he had in his resignation letter, “remember that rumors and conspiracy theories have no place in a community that truly wants to be a community”. Garneau stated that they want people in here that are going to do the best thing for us.

Chairperson Scalley wanted to follow up on Mills’ previous statement, noting that if anyone has any voices or concerns, which he does get a lot of, but what he does not get is anything from the people chattering behind the Board’s backs. Scalley wanted to state that if anyone has any concerns of any of Select Board members, what we can do better to better serve the people let us know, the Board is human like everyone, and makes mistakes, they might not make the right decision, we will correct it moving forward, but the Board does its best in the position they are in. Scalley noted that it’s not just every Tuesday night making decisions and communicating with the community, it is a lot of work behind the scenes. Garneau stated that he would not want the job.

Paula Murphy suggested that the website include Board members names for the other Boards, other than the Select Board, as it would be helpful to the residents at a glance to see who is on each Board. The Board expressed that was a great suggestion and that could be done. Selectperson Mills wanted to note that in the interim, the Board members could be looked up thought the meeting minutes as well, if they were present at the meeting, but also sees the value in having the names on the website for each Board.

Karen Moran explained that she looked up the minutes of the last Select Board meeting, because she did not attend, and noticed that the attachments were not working, as she tried to open the resignation letter that Selectperson Gauthier tendered. The secretary confirmed that the link was fixed this afternoon, with the help of the website company, as there have been issues with attaching attachments the last couple of times.

The next Select Board meeting will be May 3rd, 2022 at 5:00 p.m.

Selectperson Mills made a motion to adjourn the meeting. Selectperson Gauthier seconded. Mills-AYE, Gauthier-AYE, Scalley-AYE; and the motion passed unanimously. Chairperson Scalley declared the meeting ended at 5:39 p.m.