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Minutes of 5/10/2022

May 16th, 2022

Carroll Board of Selectmen
Meeting Minutes
May 10, 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: Brian Mycko, Bonnie Moroney, Imre Szauter, Chris Pappas, Judy Pappas, Bobbi Amirault, Megan Rouillard, Mike Rouillard, Deb Shearer, Mike Gooden, Rena Vecchio

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

Pledge of Allegiance.

APPROVAL of 5/3/2022 SELECT BOARD MINUTES – Selectperson Mills motioned to approve 5/3/2022 Select Board minutes as written; Selectperson Gauthier seconded. Discussion-none. All in favor: Mills-AYE, Gauthier-AYE, Scalley-AYE.

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

YIELD TAX WARRANT (Reenstierna; 211-041-000-004) – The Board reviewed the yield tax warrant. Selectperson Mills made a motion to approve and sign the yield tax warrant for Reenstierna. The motion was seconded by Selectperson Gauthier. Discussion-none. All in favor: Mills-AYE, Gauthier-AYE, Scalley-AYE.

YIELD TAX WARRANT (Klein/Nelson; 405-002-000-002) – The Board reviewed the yield tax warrant. Selectperson Mills made a motion to approve and sign the yield tax warrant for Nelson/Klein. The motion was seconded by Selectperson Gauthier. Discussion-none. All in favor: Mills-AYE, Gauthier-AYE, Scalley-AYE.

FOLLOW-UP:

SCHOOL WITHDRAWAL – Selectperson Gauthier explained that there has been confirmation that the Board of Education will not be bringing up the case until June 9th. Gauthier confirmed that the WMRSD Apportionment Committee meeting is still scheduled for tomorrow night, 5/11/2022, at WMRHS at 6:00pm. Gauthier also explained that last week he spoke about an email he received dated 5/2 from Kristen VanBergen regarding wanting to set up a time to talk, noting that he did reply to her, but has yet to hear from her. Chairperson Scalley also suggested that if any residents wanted to attend the meeting, they should go to show their support, Selectperson Gauthier also agreed.

ROAD BOND – Chairperson Scalley explained that he and Greg Hogan are still working on this and are also working with the banks on interest rates.


250th ANNIVERSARY UPDATE – Rena Vecchio displayed a banner at the meeting. Vecchio explained that she has a list of approximately 10-13 locations that the banners need to be displayed. Chairperson Scalley volunteered to help Vecchio get the signs up, noting she would need to get the list of locations to Scalley, Vecchio confirmed she would and would like to have the signs up before Memorial Day.

PURPLE HEART (MILLS) – Selectperson Mills updated the Board that the media event is going to be on May 18th at 10am. Mills further explained that he has been working with Greg Hogan, noting the plan is to have a sign put up by one of the Town’s welcome signs (location TBD). Mills also explained that Tara Giles with the Coos County Democrat will be there to take a photo and do an article and that he has also has been coordinating with Mike and Dianne Hogan (for their contribution to the purchase of the signs) and Nate Smith (who is a Purple Heart recipient) to be in attendance for the media event, which Mills will also be at, as a Select Board representative.

NO PARKING SIGNS, ROUTE 3 NORTH – Selectperson Gauthier quickly reviewed the discussion on this topic from last week’s meeting regarding the signage and liability. Gauthier explained that the Board received communication from NHMA regarding the liability aspect and read the response out loud to the public:

The town has no jurisdiction over the regulation of parking on a State Highway, the town can only regulate parking on town roads, Class IV, V and VI. Thus, the town could not be held liable for personal or property damages over a section of road outside its jurisdiction because of failing to impose no parking restrictions deemed necessary by the complaining citizen. Furthermore, and most importantly, even if the road in question were a town road, the town cannot be held liable for the discretionary decision by the select board not to impose parking restrictions on a section of town road. Municipal corporations are immune from liability for torts arising out of negligence in the performance of governmental functions that are essentially judgmental, discretionary, legislative, or judicial. Hurley v. Hudson, 112 N.H. 365, 366 (1972). The discretionary judgment by the select board not to impose parking restrictions is just the kind of decision where the town could not be held legally liable for personal or property damages

Selectperson Mills explained that he had also communicated with NHDOT and the Traffic Bureau regarding the signage, noting that if taken in its entirety, status quo, right now. Mills explained that he feels that it is not in the Town’s best interest to pursue the request for signage, noting there is no way to stop all potential accidents and drivers need to be aware, further noting he does not see a need to pursue any further given the all the information. Selectperson Mills and Chairperson Scalley also confirmed that the Town does not have jurisdiction over State properties.

The entire Select Board agreed to leave as is, to not pursue with signage and to remove the topic from follow up.

DRIVEWAY PERMITS / ASPHALT APRONS (SCALLEY) – Chairperson Scalley explained that Greg Hogan is still working on gathering the pricing information.

TOWN REVAL (MILLS) – Selectperson Mills wanted remind everyone that this year is the Town’s reval year and there are going to be assessors out driving around assessing properties, as well as the DRA. Mills also reassured the public that both the assessors and DRA officials do wear badges and/or apparel so they can be easily identified.

Mills further explained that he would like to keep this topic on the agenda so the public is aware that it is happening, noting people will see the assessors and DRA driving around. Discussion of having something pre-written up to read at every meeting regarding this. The Board agreed that was a good idea.

Brian Mycko suggested putting the pre-written announcement on the website under public notices as well. The Board all agreed that was also a good idea and asked the secretary to update the website.

OTHER – No other

LETTERS OF INTEREST FOR THE SELECT BOARD VACANCY WILL BE OPENED AT THE END OF THE SELECT BOARD MEETING – Chairperson Scalley announced that they would be opening the letters of interest, noting there were two received. Selectperson Gauthier read the names into public record:
Brian Mycko
Paul Bussiere

Rena Vecchio asked if the Board was going discuss in public next week the reasons why the Board is choosing who they choose. The Board confirmed that it will all be discussed in public. Vecchio further asked if Board would accept responses and/or public input. Discussion regarding public input. Selectperson Mills stated that the Board would check with NHMA regarding public input, as it is a deliberation of the public body.

Bonnie Moroney explained that her understanding was that the reasoning the Select Board was doing this process was so the Board could hear from the voters, because of the five votes, and is now saying the voters can’t speak. Moroney further explained that she understands what the Board is saying, but feels it’s contradicting. Chairperson Scalley and Selectperson Mills explained that the Board would be checking with legal for clarification. Selectperson Gauthier explained that the Select Board meetings are for the Select Board to conduct business, noting it is the Board’s decision on how to conduct the meeting. Discussion regarding public input vs. no public input. Vecchio expressed her concern and the importance for public input. Chairperson Scalley suggested that if anyone had any public input, they should send their input via email and the Board would acknowledge at the meeting. Selectperson Mills feels the same way, and noted that if someone feels that what they need to say is important, it would mean more coming that method, which would keep the meeting on track, allow the Board to reference and alleviate discussion getting out of hand. Discussion between Vecchio and the Board regarding writing a letter vs. speaking in public and personal opinions. Discussion regarding RSA 669:61. The Board provided a copy of RSA 669:61 and RSA 669:63 to Vecchio. The Board confirmed that they would be getting clarification from NHMA.

Selectperson Mills expressed concern for the meeting on the 17th potentially taking longer than expected and entertained a time change to accommodate another meeting in Whitefield with the Civil Air Patrol that he had previously scheduled, noting he needs to leave no later than 6:15pm. Discussion regarding the agenda, noting the deliberation of the letters of interests is the priority. The Board chose to keep the time same.

****A copy of the letters of interest are attached to these minutes****

The next Select Board meeting will be May 17th, 2022 at 5:00 p.m.

At 5:33 p.m., Selectperson Mills made a motion to go into non-public session per RSA 91-A:3 II. The motion was seconded by Selectperson Gauthier and polled; Mills-AYE, Gauthier-AYE, Scalley-AYE.

At 5:59 p.m. Selectperson Mills made a motion to return to public session and seal the minutes. The motion was seconded by Selectperson Gauthier and polled; Mills-AYE, Gauthier-AYE, Scalley-AYE. The motion passed unanimously.

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 5:59 p.m.


ATTACHMENTS TO 5/10/2022 MINUTES:

MYCKO LETTER OF INTEREST

BUSSIERE LETTER OF INTEREST